THE GENERAL BODY OF A.P.

MEDICAL COUNCIL
MINUTES OF THE MEETING OF THE GENERAL BODY OF A.P. MEDICAL COUNCIL HELD AT 2-00 P.M. ON 10-01-2008 IN DR.CHIGURUPATI NAGESWARA RAO COUNCIL HALL. The following members are present:1. Dr.Vallabhaneni Ramprasad. 2. Dr.G.Balamaddaiah. 3. Dr.Balbeer Singh Yadav. 4. Dr.K.Ramesh Reddy. 5. Dr.P.Vijayachander Reddy. 6. Dr.Nagalla Kishore. 7. Dr.E.Ravinder Reddy. 8. Dr.A.V.Krishnam Raju. 9. Dr.Cipai Subrahmanyam. 10. Dr.K.L.Sampath Kumar. 11. Dr.Surapureddy Sreenivasa Reddy. 12. Dr.Raj Siddarth. 13. Dr.Ramesh Chandra, DH 14. Dr.A.Y.Chary, DME 15. Dr.C.Padmavathi Chairman Vice-Chairman Member Member Member Member Member Member Member Member Member Member Ex-officio Member Ex-officio Member Member

The Director Institute of Preventive Medicine ex-officio member has neither attended the meeting nor taken leave of absence. The General Body meeting was presided over by Dr.V.Ram Prasad, Chairman. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the proceedings of the General Body dated 17-07-2007, the minutes of the Executive Committee dated 17-07-2007, 28-08-2007, 30-10-2007 and 04-12-2007 are made available in advance to all the Members of the Council. The General Body after detailed discussion and after taking into account of the material placed before it, has passed the following resolutions unanimously. 1. TO CONFIRM MINUTES OF THE PREVIOUS MEETING OF THE GENERAL BODY HELD ON 17-07-2007.

Resolved that the minutes of the meeting of the General Body held on 17-07-2007 be confirmed. 2. TO CONFIRM THE MINUTES OF THE EXECUTIVE COMMITTEE HELD ON 17-07-2007, 28-08-2007, 30-10-2007 AND 04-12-2007

Resolved that the minutes of the meetings of the Executive Committee held on 17-07-2007, 28-08-2007, 30-10-2007 and 04-12-2007 be confirmed.

3.

TO CONSIDER THE OBSERVATIONS OF THE ETHICAL & MAL PRACTICES COMMITTEE & RECOMMENDATIONS OF THE EXECUTIVE COMMITTEE AND TAKE NECESSARY DECISIONS ON VARIOUS CASES.

Resolved that both the doctors, Dr.Uday Naik and Dr.M.Nagaraj be Censured for their for the lapses, they have committed in not maintaining proper records Resolved that the name of Dr.M.Srinivasa Rao be erased from Medical Register for a period 1 (one) Year as per the provisions of Section-17(2) of Andhra Pradesh Medical Practitioners Registration Act, 1968. Resolved that the name of Dr.V.S.R.Prasad be erased from Medical Register for a period 1 (one) Year as per the provisions of Section-17(2) of Andhra Pradesh Medical Practitioners Registration Act, 1968. Resolved that Dr.S.Satyanarayana Reddy be discharged from the allegations made against him. Also resolved that Dr.M.Lakshmi Ratna be discharged from the allegations made against her. .4.TO ELECT VICE CHAIRMAN U/S 5(2) OF APMP REG. ACT 1968 Dr.Balbeer Singh Yadav declared elected as Vice Chairman unanimously 5. TO ELECT THREE MEMBERS TO THE EXECUTIVE COMMITTEE UNDER SECTION 11 (1) OF APMP REG. ACT 1968 Dr.G.Balamaddaiah, Dr.K.Ramesh Reddy and Dr.K.L.Sampath Kumar have been declared elected as members of the Executive Committee, APMC. 6. TO CONSIDER CONSTITUTION OF VARIOUS COMMITTEES AS PROVIDED UNDER SECTION 12(1) & 12 (2) OF THE APMP REG. ACT 1968. The following Committee have been constituted with Members Elected and Nominated members. 1 Ethical and Mal Practices Committee Dr.P.Vijaychander Reddy Dr.N.Kishore Dr.E.Ravinder Reddy Nominated by the Council (i) Dr.R.Jaya Chandra Reddy (ii) Dr.Gutta Suresh (iii) Dr.N.Raghava Rao 2. Finance Committee Dr.K.Ramesh Reddy Dr. G.Balamaddaiah :Chairman :Member :Member :Member :Member :Member :Chairman :Member

Dr.N.Kishore Nominated by the Council (i)Dr.Ch.Srinivasa Raju (ii)Dr.G.Ashok (iii)Bhoomgari Mohan Rao 3. Administrative Committee Dr. Dr.K.L.Sampath Kumar Dr.N.Kishore Dr.E.Ravinder Reddy Nominated by the Council (i) Dr.Tagore (ii) Dr.T.Narasinga Reddy (iii) Dr.B.Ramesh Kumar 4. Building Committee Dr.C.Padmavathi Dr.K.Ramesh Reddy Dr.G.Balamaddiah Nominated by the Council (i) Dr.L.V.Raghava Rao (ii) Dr.U.Vijender Reddy (iii) Dr.Nippuleti Vasudev 5. CME Committee Dr.S.Srinivasa Reddy Dr.Ramesh Chandra (DH) Dr.K.L.Sampath Kumar Nominated by the Council (i)Dr. P.Ramesh (ii)Dr.P.Samba Siva Rao (iii)Dr.J.Ravi Kumar

:Member :Member :Member :Member :Chairman :Member :Member :Member :Member :Member :Chairperson :Member :Member

:Member :Member :Member

:Chairman :Member :Member :Member :Member :Member

6. Medical Education, Medical Colleges & Allied Institutions Committee Dr.Cipai Subramanyam Dr. (Mrs.) Sucharitha Murthy Director, Institute of Pre. Medicine Dr.K.Ramesh Reddy Nominated by the Council (i)Dr.Janaki (of Kurnool) (ii) Dr.A.Y.Chary :Chairman :Member :Member :Member :Member

(iii) Dr.Raju (APJUDA) 7. Public Relations Committee Dr. Raj Siddharth Dr.C.Padmavathi Dr.S.Srinivasa Reddy Nominated by the Council (i)Dr.G.S.Murthy (ii)Dr.Sai Prasad (iii) Dr.Dilip P. Bhanu Shali 8. Legal and Anti quackery Committee Dr.E.Ravinder Reddy Dr.Cipai Subramanyam Dr.Raj Siddharth Nominated by the Council (i) Dr.Venugopal (ii) Dr.V.S.Prasad (iii)Dr.Maheswar Reddy (APJUDA)

:Member :Chairman :Member :Member - 13 :Member :Member :Member :Chairman :Member :Member : Member : Member : Member

8.TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIR. (1)TO CONSIDER AMENDING THE A.P.MEDICAL COUNCIL(CONDUCT OF) ELECTION RULES,1978 TO CONDUCT ELECTIONS TO THE COUNCIL ON THE LINES OF BAR COUNCIL OF THE STATE OF ANDHRA PRADESH ELECTIONS. Resolved that A.P.MEDICAL COUNCIL (CONDUCT OF ELECTION) RULES, 1978 be amended on the lines of on the lines of Bar Council of the State of Andhra Pradesh elections. Also resolved that Draft APMC ELECTION (AMENDMENT) RULES be prepared in consultation with the Standing Counsel and the same may be placed before the Executive Committee/General Body in March, 2008 for further consideration and approval. (2) TO CONSIDER CONVENING PRESS CONFERENCE TO HIGH LIGHT THE ETHICAL ASPECTS OF ADVERTISEMENTS APPEARING IN DAILIES/WEEKLIES/MONTHLIES AND ALSO IN THE ELECTRONIC MEDIA. Resolved that a Press Conference be convened to highlight the Ethical aspects of advertisements appearing in Print and Visual media. Also resolved that a message should go to all doctors through the Press & Visual media so that the doctors shall desist from giving advertisements and keep large size hoardings which are unethical as per the IMC Regulations, 2002 The meeting concluded with Vote of thanks to the Chair. Sd/-

Sd/-

CHAIRMAN

SECRETARY

APMC

MINUTES OF THE MEETING OF THE GENERAL BODY OF A.P. MEDICAL COUNCIL HELD AT 3-00 P.M. ON 30-03-2008 IN DR.CHIGURUPATI NAGESWARA RAO COUNCIL HALL. The following members are present:1. Dr.Vallabhaneni Ramprasad. 2. Dr.Balbeer Singh Yadav. 3. Dr.G.Balamaddaiah. 4. Dr.K.Ramesh Reddy. 5. Dr.K.L.Sampath Kumar. 6. Dr.P.Vijaya Chander Reddy 7. Dr.Nagalla Kishore 8. Dr.E.Ravinder Reddy 9. Dr. Surapureddy Sreenivasa Reddy. 10. Dr.Raj Siddarth. 11. Dr.C.Padmavathi Chairman Vice-Chairman Member Member Member Member Member Member Member Member Member

The Chairman has granted leave of absence to Dr.A.V.Krishnam Raju and Dr.Cipai Subrahmanyam, Members who could not attend to the meeting. The Director of Medical Education, the Director of Health and the Director Institute of Preventive Medicine ex-officio members have neither attended the meeting nor taken leave of absence. The General Body after detailed discussion and after taking into account of the material placed before it, has passed the following resolutions unanimously. 1. TO CONFIRM MINUTES OF THE PREVIOUS MEETING OF THE GENERAL BODY HELD ON 10-01-2008. Resolved that the minutes of the meeting of the General Body held on 10.01.2008 be confirmed. 2. TO CONSIDER AND APPROVE THE REPORT OF THE CHAIRMAN, FINANCE COMMITTEE FOR THE YEAR 2008-09. It is unanimously resolved to approve the Report of the Chairman, Finance Committee for the year 2008-09. 3. TO CONSIDER AND APPROVE THE BUDGET PROPOSALS FOR THE YEAR 2008-09. It is unanimously resolved that the Budget Proposals for the year 2008-09 be approved. 4. TO CONSIDER REPORT OF THE ETHICAL & MAL-PRACTICES COMMITTEE DATED:14.03.2008.

It is unanimously resolved to approve the Interim Report of the Ethical & MalPractices Committee. It is also resolved that Dr.A.Venkateswara Reddy, Dermatologist be warned not to practice Homeopathic system of medicine and not to conduct classes in Homeopathy. 5. TO CONSIDER INSTITUTING A.P.MEDICAL COUNCIL GOLD MEDAL FROM MAY/JUNE, 2008 FOR BEST OUTGOING STUDENT OF EACH MEDICAL COLLEGE IN LIEU OF CASH WARD OF RS.10,000/-. It is unanimously resolved that A.P.Medical Council Gold Medal be instituted and awarded to the best outgoing student in each Medical College in the State who secured highest marks in Final MBBS Examination, Part-I and Part-II put together. It is also resolved that the Gold Medal be awarded as per the modalities worked out by the Chairman, MCE Committee from May / June, 2008. Further, it is resolved that the Gold Medal be awarded in a function conducted in the College simultaneously when the Internees Ethics Awareness Programme are conducted where the member of the would be present. 6. TO CONSIDER GRANTING REGISTRATION OF POST GRADUATE QUALIFICATIONS IN THE CASES OF QUALIFICATIONS WHICH WERE RECOMMENDED BY P.G.COMMITTEE, MCI AND FORWARDED BY MEDICAL COUNCIL OF INDIA TO CNETRAL GOVERNMENT FOR PUBLICATION IN GOVT. OF INDIA GAZETTEE. It is unanimously resolved that Registration of Post Graduate Qualification be granted to those candidates, where the Post Graduate Committee of MCI recommended for recognition and the Medical Council of India has approved the same and forwarded to Government of India for publication in Government of India Gazettee. 7. TO CONSIDER WAIVER OF FEE FOR FOREIGN VISITING DOCTORS VISITING SATHYA SAI INSTITUTE OF MEDICAL SCIENCES, PRASHANTHI NILAYAM, PUTTAPARTI (AS IT IS CHARITY FOR A PHILANTRAFIC INSTITUTION) It is resolved that there shall be no consideration for exemption of fee. It is also resolved that payment of Registration Fee of Rs.2,000/- or Rs.5,000/- shall be applicable to all foreign visiting doctors irrespective of the hospital in which they undertake the demonstration of their skill or similar work. Sd/-Secretary APMC Sd/-Chairman APMC

ANDHRA PRADESH MEDIAL COUNCIL: HYDERABAD-500 095 MINUTES OF MEETING OF THE GENERAL BODY TO BE HELD ON 16-12-2008 AT 11.30 AM IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD. $$$$$ The General Body meeting of the APMC held on 16.12.2008. Dr.V.Ramprasad, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Dr.V.Ram Prasad Dr.Balbeer Singh Yadav Dr.G.Balamaddaiah Dr.K.L.Sampath Kumar Dr.K.Ramesh Reddy Dr.P.Vijaya Chander Reddy Dr.Surapureddy Srinivasa Reddy Dr.E.Ravinder Reddy Dr.Cipai Subramanyam Dr.Nagalla Kishore Dr.Raj Siddhartha Sri.K.Satyanarana Murty Chairman Vice-Chairman Member Member Member Member Member Member Member Member Member Secretary

The Chairman has granted leave of absence to Dr.A.V.KRISHNAM RAJU, Dr.C.PADMAVATHI members and Dr.K.N.Sudha Ramana, Director of Medical Education, Dr.P.Ramesh Chandra, Director of Health & Dr.P.Sucharitha Murthy, Director Institute of Preventive Medicine, Hyderabad Ex-Officio Members who expressed their inability to attend the meeting. The General Body meeting was presided over by Dr.V.Ram Prasad, Chairman. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the proceedings of the General Body dated 30-03-2008, the Minutes of the Executive Committee meetings dated 2-5-2008, 08-06-2008, 30-07-2008,20-09-2008,1411-2008 and 16-12-2008, the Minutes of Ethical & Mal Practices Committee meetings held on 26-06-2008, 29-07-2008,16-09-2008 & 26-10-2008, the decisions of the Administrative Committee meeting held on 29-07-2008, the decisions of the Finance Committee meeting held on 16-12-2008, Auditors Report for the year 2007-08, Financial Statement of the Council as on 12-12-2008 are made available to all the Members of the Council.

After detailed discussion and taking into consideration of the material placed before it, the General Body has passed the following resolutions unanimously. 1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE GENERAL BODY HELD ON 30-03-2008. Resolved that the Minutes of the meeting of the General Body held on 30.03.2008 be confirmed. 2. TO CONFIRM THE MINUTES OF THE EXECUTIVE COMMITTEE MEETINGS HELD ON 2-5-2008, 8-6-2008,30-07-2008,20-09-2008 AND 14-11-2008 It is resolved that the minutes of the meetings of the Executive Committee held on 02.05.2008, 08.06.2008, 30.07.2008, 20.09.2008, 14.11.2008 and 16.12.2008 be approved. It is also resolved that the decision of the Executive Committee in appointing Mrs.L.Madhavi Latha on contract basis on consolidated pay of Rs.6,000/- p.m. be approved. 3. TO CONSIDER THE ACTION TAKEN REPORT ON THE MINUTES OF THE PREVIOUS MEETING OF THE GENERAL BODY. It is resolved that the action taken report on the minutes of the previous meeting of the General Body be approve in toto. 4. TO CONSIDER THE OBSERVATIONS/RECOMMENDATIONS OF THE ETHICAL & MAL-PRACTICES COMMITTEE IN THE MEETINGS HELD ON 26-06-2008, 29-07-2008,16-09-2008 & 26-10-2008. It is resolved that the observations/recommendations of the Ethical & Mal-Practices Committee as amended / approved by the Executive Committee be approved. It is resolved that the recommendations of the Ethical & Mal-Practices Committee in Case.No.5/2006 i.e. the complaint made by Dr Ram Mohan be approved. It is resolved that Dr.Manohar Reddy and Dr.M.Nagaraj are not negligent in treating the patient Mrs.Hemadurg. It is further resolved that Dr.Ram Mohan be directed not to display the Diploma, D.Diab as it is an unrecognised diploma.

It is also resolved that the observations/recommendations of the Ethical & Mal Practices Committee in Case No.15/2007, i.e. the Complaint made by Sri Madireddy Brahmananda Reddy against Dr.Y.V.Prabhakar and Dr.Amarnath who had given treatment and that the treating doctors are not negligent as they have followed the approved lines of treatment - be approved. It is also resolved that the names of Dr.Roya Rozati and Dr.Salman Saifuddin be removed from the Medical Register for a period of THREE MONTHS from the date of issuing notice in this respect as per provisions of Section 17(2) r/w Section 15(4) of A.P.Medical Practitioners Registration Act, 1968 for their lapses in treating the patient Mrs.Nikhat Fatima as observed by Ethical & Mal Practices Committee. It is also resolved to direct both the doctors to surrender their Permanent Registration Certificates forthwith. It is also resolved that the observations/recommendations of Ethical & Mal Practices Committee/Executive Committee be approved in of Case No.17/2007, as the complaint made by Balgovind Gupta & Bal Govind Gupta against Dr.Anil Kumar Jha as he is not negligent in treating the patient Balram Gupta. It is also resolved that the observations/recommendations of Ethical & Mal Practices Committee be approved in case No.18/2007 and the Complaint made by Smt.Valsa Padma against Dr.K.Shanti Kiran as there was no harm to the patient and that the complainant has withdrawn her complaint. It is also resolved that the observations/recommendations of Ethical & Mal Practices Committee / Executive Committee be approved in Case No.20/2007, i.e. the Complaint made by the Secretary General, SC Rights Protection Society against Dr.Namburi Sunil Kumar as Dr.Namburi Sunil Kumar has sincerely attended the patient, Master Bandi Sai Dora Babu and provided medical aid in order to save the patient and after necessary resuscitation, the patient was referred to a higher hospital with the help of the Anesthetist who was available there. maintain records properly. It is resolved that Dr.Namburi Sunil Kumar be advised to

It is also resolved that the opinion of the Experts Committee constituted by the Superintendent, GGH, Guntur be taken into consideration, the expert opinion of the experts committee of APMC together with the observations of the Ethical & Mal Practices Committee as approved in Case No.21/2007, i.e. the complaint received against Dr.K.Vijaya Kumari be approved. It is resolved that Dr.K.Vijaya Kumari be advised to display her MBBS Qualification only and remove the degree M.S.(Ophth.), suffixing to her name. 5. TO CONSIDER THE AUDITORS REPORT FOR THE YEAR 2007-08 AND APPROVE THE SAME. It is resolved that the Auditors Report for the Year 2007-08 be approved. It is also resolved that the recommendations of the Finance Committee as approved by the Executive Committee in this respect be approved. 6. TO CONSIDER EXTENDING THE BENEFIT OF EPF TO THE EMPLOYEES OFTHE COUNCIL IN LIEU OF THE EXISTING PPF BENEFIT w.e.f.1-12009 It is resolved that the recommendation of the Administrative Committee as approved by the Executive Committee be approved. It is also resolved to extend the benefit of EPF to the employees of the Council w.e.f.01.01.2009 @ 25% Pay and DA including the Employees share of 12 % of Pay & DA instead of the existing PPF benefit. 7. TO CONSIDER THE REPORTS OF THE ADMINISTRATIVE COMMITTEE. It is resolved that the recommendation of the Administrative Committee as approved by the Executive Committee in respect of Promotion of Smt.D.Varalakshmi as Sr.Assistant w.e.f. 20.08.2008 subject to the condition that she should complete her graduation with in a period of two years from the date of issuing orders to enable her to get further increments as Sr.Assistant after two years of service be approved. It is also resolved that the recommendation of the Administrative Committee as approved by the Executive Committee in respect of appointment of Sri.G.Anil Kumar as

Assistant w.e.f.01.08.2008 in regular scale of Rs.4825-12-10825 with all usual allowances and special pay as may be admissible under rules in the vacancy arose consequent on retirement of Sri.Syed Yousuf Ali, Assistant be approved. It is also resolved that the recommendation of the Administrative Committee as approved by the Executive Committee in respect of appointment of Sri.V.Suresh as Office Subordinate (Attender) w.e.f.01.08.2008 in regular scale of Rs.3850-100-8600 with all usual allowances and special pay if any as per rules. He shall work as driver to the Registrar as usual, in the existing vacancy be approved. It is also resolved that the recommendation of the Administrative Committee as approved by the Executive Committee with regard to the application of Sri.N.S.Murty, Admn. Officer to modify the earlier orders of the Council on stoppage of three (3) increments with cumulative effect into that of stoppage of three (3) increments without cumulative effect be approved. It is further resolved that consequent on punishment of stoppage of three (3) increments without cumulative effect, the incumbent be released increments after obtaining approval from the Chairman, Administrative Committee and the Chairman, APMC. 8. TO CONSIDER THE REPORT OF THE FINANCE COMMITTEE It is resolved that the recommendation of the Finance Committee for obtaining lower rates from three courier firms for sending Identity Cards and other articles through Courier be approved. It is further resolved that an application be submitted to the Central Government for obtaining postal exemption under the Certificate of Posting. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee for payment of recurring expenditure upto a limit of Rs.300/per month to Sri.N.S.Murty, Admn. Officer w.e.f.01.01.2009 be approved. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee to authorize the Chairman, APMC & the Chairman, Finance Committee to take appropriate decision in fixing the amount of initial professional fee payable to Advocate on Record, Honble Supreme Court depending upon the case.

It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee with regard to the sanction of 2nd installment of Interim Relief @ 7% to the Staff of APMC w.e.f. 01.01.2009 - be approved. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee with regard to payment of Ex-gratia for the year 2008 to the Employees of APMC who have put in one year of service during 2008 including sanctioned leave be approved. It is further resolved that the Ex-gratia be paid in the month of January, 2009. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee to deposit an amount of Rs.1,49,325/- in FDR in the name of the A.P.Medical Council and to pay the interest accrued thereon to Sri Syed Yousuf Ali, Jr.Asst. (Retd) quarterly, in lieu of Provisional Pension as available to Government employees in similar cases be approved. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee with regard to converting the SB accounts as Auto-sweep account for the amount over and above Rs.1 Lakh be approved. It is also resolved that the recommendation of the Finance Committee as approved by the Executive Committee with regard to sanction of special allowance of Rs.1,000/- p.m. to Sri K.Somasekhara Rao, PS w.e.f. 01-10-2008 in lieu of Interim Relief sanctioned to other employees of the Council be approved. It is resolved that other recommendations of Finance Committee as approved by the Executive Committee be approved. and DA

1. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. It is resolved that Laptops be provided to all the 13-elected and nominated members of the Council in order to have electronic transmission of data / information from the office of the Council and in order to retrieve huge data available on MCI website etc. It is further resolved that Chairman, APMC & Chairman, Finance Committee in consultation with Secretary/Registrar of the Council be authorized to obtain quotations for the brands Dell/Sony and purchase the 13 Laptops as early as possible and provide to the elected and nominated members of the Council. It is resolved that the recommendation of Executive Committee in directing the Secretary of the Council to issue summons to Dr.V.Sriramulu to appear before the Ethical & Mal practices Committee on 23-12-2008 in pursuance of Judgment Order dated 04-072008 of III Sr. Civil Judge City Civil Court, Secunderabad be approved. It is also resolved to accept the recommendation of Executive Committee for rejecting the application of Dr.Kontham Raja Gopal Rao for grant of Permanent Registration. It is also resolved to accept the recommendation of Executive Committee to purchase Digital Camera of reputed brand for attaching to Desk Top Card Printer and for use of the Council and the expenditure on this account be met from the funds available in Punjab National Bank, Koti, Hyderabad. The meeting concluded with the vote of thanks to the chair.

Sd/-Secretary APMC

Sd/-Chairman APMC

ANDHRA PRADESH MEDIAL COUNCIL: HYDERABAD-500 095 MINUTES OF MEETING OF THE GENERAL BODY HELD ON 20-01-2009 AT 11.30 AM IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD. $$$$$ The General Body meeting of the APMC held on 20-01-2009. Dr.V.Ramprasad, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13 . 14 . 15 . 16 . Dr.V.Ram Prasad Dr.Balbeer Singh Yadav Dr.K.N.Sudha Ramana, Director of Medical Education Dr.P.Ramesh Chandra, Director of Health Dr.P.Sucharitha Murthy, Director, Instt. of Preventive Medicine Dr.G.Balamaddaiah Dr.K.L.Sampath Kumar Dr.K.Ramesh Reddy Dr.P.Vijaya Chander Reddy Dr.Surapureddy Srinivasa Reddy Dr.E.Ravinder Reddy Dr.Cipai Subramanyam Dr.Nagalla Kishore Dr.Raj Siddhartha Dr.C.Padmavathi Sri.K.Satyanarana Murty Chairman Vice-Chairman Ex-Officio Member Ex-Officio Member Ex-Officio Member Member Member Member Member Member Member Member Member Member Member Secretary

The Chairman has granted leave of absence to Dr.A.V.KRISHNAM RAJU, who has expressed his inability to attend the meeting. The meeting of the General Body was presided over by Dr.V.Ram Prasad, Chairman. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the proceedings of the General Body dated 16-12-2008, the decisions of Executive Committee dated 20-01-2009, the Minutes of Ethical & Mal Practices Committee

meetings held on 23-12-2008 & 18-01-2009 are made available to all the members of the Council. After detailed discussion and taking into consideration of the material placed before it, the General Body has passed the following resolutions unanimously. 1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE GENERAL BODY HELD ON 16-12-2008. Resolved that the Minutes of the meeting of the General Body held on 1612-2008 be confirmed. 2. TO CONFIRM THE MINUTES OF THE EXECUTIVE COMMITTEE MEETINGS HELD ON 16-12-2008 and 20-01-2009. Resolved that the Minutes of the meetings of the Executive Committee held on 16-12-2008 and 20-01-2009 be confirmed.

3.

TO CONSIDER THE ACTION TAKEN REPORT ON THE MINUTES OF THE PREVIOUS MEETING OF THE GENERAL BODY. It is resolved that the action taken report on the minutes of the previous meeting of the General Body be approved in toto.

4.

TO CONSIDER THE OBSERVATIONS/RECOMMENDATIONS OF THE ETHICAL & MAL-PRACTICES COMMITTEE IN THE MEETINGS HELD ON 23-12-2008, & 18-01-2009. It is resolved that the observations/recommendations of the Ethical & Mal-Practices

Committee as approved by the Executive Committee be approved.

(i)

Case.No.13/2007 :- It is resolved that there is no negligence on the

part of treating doctors, Dr.K.Sunder Rao and Dr.K.Gopinath in treating the patient Farnaz at KGH, Family Hospital, Hyderabad. It is also resolved that the Station House Officer, PS, Malakpet be informed accordingly in response to his Letter.No.248/Crime/MKP/2007, dt:02.05.2007. (ii) Case.No.09/2008:- It is resolved that the complaint made by Sri M.Sivaramayya against Dr.Laxman Basani of DOLPHIN CHILDRENS HOSPITAL,

Hyderabad be treated as WITHDRAWN in view of withdrawal of complaint by the complainant and also in view of affidavit filed by Sri C.V.S.N.Murthy, father of the child stating that they were fully satisfied regarding medical and surgical management of his son at DOLPHIN CHILDRENS HOSPITAL, Hyderabad. It is also resolved that further proceedings be dropped in the matter in terms of Rule 4(1) (a) of APMC Rules, 1978. (iii) Case.No.03/2008:- It is resolved that the complaint made by Sri J.P.Singh against Dr.Subhash Kumar, Hyderabad be treated as WITHDRAWN in view of non-filing of complaint in the form of an affidavit as per rules. It is also resolved that further proceedings be stopped in the matter in terms of Rule 4(1) (a) of APMC Rules, 1978.
(iv)

Case.No.10/2006:- It is resolved that the complaint made by Sri I Gopinath against Dr.Desai Tippa Reddy and Dr.K.Sailaja Desai be treated as withdrawn in view of non response from the complainant in furnishing the required information and missing pages of the complaint. It is also resolved that further proceedings be stopped in the matter in terms of Rule 4(1) (a) of APMC Rules, 1978.

(v)

Case.No.01/2008:- It is resolved that there is no negligence on the part of treating doctors, Dr.Malineni Srinivasa Rao and Dr.S.Vijaya Raghava Rao in treating the patient Sri Kakunuri Brahmaiah. It is also resolved that Dr.Malineni Srinivasa Rao be directed to delete the un-recognized diploma, i.e. D.Diab after his name. It is further resolved that Dr.Malineni Srinivasa Rao be warned not to resort to un-ethical acts such as issuing various advertisements in news papers.

(vi)

Case.No.14/2008:- It is resolved that there is no negligence on the part of respondent, Dr.P.Padmaja in treating the patient Manda Swarna Latha, wife of the complainant, Manda Venkateswarlu.

(vii)

Case.No.15/2008:- It is resolved that there is no negligence or un-ethical act committed by doctors of Yashoda Hospital, Hyderabad in supplying necessary documents to the complainant.

(viii) Case.No.23/2008:- It is resolved that the action taken by E&MPC in granting time upto 31.01.2009 for obtaining stay on the proceedings dt:04.07.2008 of the Honble III Senior Judge, CCC, Secunderabad.
(ix)

Case.No.06/2008:- It is resolved that there is no negligence on the part of Dr. L.Vidya Sagar Reddy in treating the patient. It is also resolved that Dr.L.Vidya Sagar Reddy be advised not to issue Certificates for insurance claims or other purposes as per the request of the patients / their attendants as the same will amount to un-ethical act and attracts disciplinary action by the Council.

(x)

Case.No.19/2007:- It is resolved that there is no negligence on the part of respondent doctors, Dr.Koneru Sridhar, Dr.K.Nanda Kumar and Dr.G.Lakshmi Prasad in treating the patient Arja Vamsi Sriram. It is further resolved that Dr.Nanda Kumar be advised for maintaining the hospital as per present day standards. It is further resolved that Dr.G.Lakshmi Prasad be informed that the surgeon is responsible to the extent of post operative care.

(xi)

Case.No.04/2008:- It is resolved that there is no negligence on the part of respondent doctors, P.V.Satyapal Reddy, consultant Paediatrician and Dr.K.Krishna Reddy, Medical Superintendent, Medicare Hospital in treating the son of the complainant.

(xii)

Case.No.05/2008:- It is resolved that there is no negligence on the part of respondent Dr.D.Maheshwar in treating the patient Sri.K.Venkata Chary, father of the complainant at Life Line Hospital, Warangal / Hanamkonda.

(xiii)

It is also resolved that the action taken by Ethical & Mal-Practices Committee in respect of (a) Case No.02/2008, (b) Case No.07/2008, (c) Case No.08/2008 (d) Case No.10/2008 (e) Case No.09/2006, (f) Case No.17/2008, (g) Case No.22/2007 and (h) Case No.23/2007 be ratified.

(xiv)

It is further resolved that references be made on complaints to the experts even from out side Hyderabad / Secunderabad, both in Government Service and Private Practice for their expert opinion in cases where the Ethical Committee desires to obtain expert opinion.

(xv)

It is resolved that the recommendation of Ethical & Mal-Practices Committee for fixing fee for filing complaints in order to prevent frivolous complaints. It is further resolved that a fee of Rs.3000/- be fixed for filing complaints against medical practitioners. It is also resolved that the persons below the poverty line be given 50% of concession in the fee fixed. It is also resolved that the Secretary/Registrar be directed to prepare draft guidelines taking into consideration of the guidelines already issued by Medical Council of India for placing the same in the next meeting of the Executive Committee. It is also resolved that the Executive Committee shall examine the and approve the same with amendments, if any and place the same before the General Body for its ratification.

5.

TO ELECT CHAIRMAN AS PER SECTION 5(1) OF APMP REG. ACT, 1968. Resolved that Dr.Balbeer Singh Yadav be elected as Chairman, APMC under Section

5(1) of APMP REG. ACT, 1968 as proposed by Dr.P.Vijaychander Reddy and seconded by Dr.N.Kishore. 6. TO ELECT VICE- CHAIRMAN AS PER SECTION 5(2) OF APMP REG. ACT, 1968 Resolved that Dr.K.L.Sampath Kumar be elected as Vice-Chairman under Section 5(2) of APMP Reg. Act, 1968 as proposed by Dr.G.Balamaddaiah and seconded by Dr.N.Kishore. 7. TO ELECT THREE MEMBERS OF EXECUTIVE COMMITTEE AS PER 11(1) OF APMP REG.ACT, 1968. SECTION

Resolved that Dr.Cipai Subramanyam, Dr.E.Ravinder Reddy and Dr.N.Kishore be elected as Members of Executive Committee as proposed by Dr.G.Balamaddaiah and seconded by Dr.P.Vijay Chander Reddy.

8.TO ELECT CHAIRMEN AND MEMBERS OF OTHER COMMITTEES AS PER SECTION 12(1) AND SECTION 12(2) OF A.P.M.P.REG. ACT, 1968. It is resolved that the Chairmen and Members of the following Special Committees be elected as per Section 12(1) of the Act. It is also resolved that members be nominated to each of the following Committees as per Section 12(2) of the Act. ETHICAL AND MAL PRACTICE CHAIRMAN :

NOMINATED MEMBERS

DR.P.VIJAYA CHANDER REDDY DR.N.KISHORE DR.C.SUBRAMANAYAM DR.G.BALAMADDAIAH DR.A.KESANNA DR.N.VASUDEV DR.G.S.MURTY DR.J.RAVI KUMAR

ADMINISTRATIVE COMMITTEE: CHAIRMAN DR.S.SRINIVASA REDDY DR.G.BALAMADDAIAH DR.C.PADMAVATHI DR.E.RAVINDER REDDY NOMINATED MEMBERS DR.N.APPA RAO DR.R.JAYACHANDRA REDDY DR.M.NARSING RAO DR.S.SARADA : DR.VALLABHANENI .RAMPRASAD DR.P.SUCHARITHA MURTY DR.E.RAVINDER REDDY DR.S.SRINIVASA REDDY DR.P.SAMBASIVA RAO DR.E.SAI PRASAD DR.K.SIVARAMA KRISHNA (Vijayawada) DR.G.ASHOK : DR.C.PADMAVATHI DR.K.RAMESH REDDY DR.D.RAMESH CHANDRA DR.B.RAJ SIDDHARTH DR.E.VIJAYENDRA REDDY

FINANCE COMMITTEE: CHAIRMAN

NOMINATED MEMBERS

BUILDING COMMITTEE CHAIRMAN

NOMINATED MEMBERS

PUBLIC RELATIONS CHAIRMAN

DR.S.JAGAN MOHAN RAO DR.R.M.SABOO DR.K.KALADHAR : DR.C.SUBRAMANYAM DR.SUCHARITHA MURTHY DR.C.PADMAVATHI DR.P.VIJAYACHANDER REDDY DR.C.S.PRASADA RAO (Vijayawada) DR.CH.SRINIVASA RAJU DR.NALLURI RAGHAVA RAO DR.G.BHAVANI DR.B.RAJ SIDDHARTH DR.D.RAMESH CHANDRA DR.K.RAMESH REDDY DR.N.KISHORE DR.K.SIVARAMAKRISHNA RAO DR.V.S.PRASAD DR.BHOOMIGARI MOHAN RAO DR.SHIVALINGAM

NOMINATED MEMBERS

LEGAL AND ANTI QUACKERY CHAIRMAN :

NOMINATED MEMBERS

MEDICAL EDUCATION AND MEDICAL COLLEGES & ALLIED INSTITUTIONS COMMITTEE CHARIMAN : DR.K.RAMESH REDDY DR.K.N.SUDHA RAMANA DR.A.V.KRISHNAM RAJU DR.N.KISHORE NOMINATED MEMBERS DR.V.LAKSHMAN RAO DR.V.JANAKI DR.PHARNI KUMAR DR.T.NARASINGA REDDY CME COMMITTEE CHAIRMAN : DR.G.BALAMADDAIAH DR.K.N.SUDHA RAMANA DR.B.RAJ SIDDHARTH DR.S.SRINIVAS REDDY DR.L.V.RAGHAVA RAO DR.A.SRIKANTH REDDY DR.B.NANDARAJ SINGH DR.B.RAMESH KUMAR

NOMINATED MEMBERS

9.

TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE

CHAIRMAN (i) It is resolved that Dr.J.Sai Kavitha be granted Permanent Registration on payment of Rs.1500/- being the difference of fee and Rs.5000/- being late fee and on submission of an affidavit duly attested by a notary public to the effect that she is in U.S.A. (ii) It is resolved that Dr.Mannepalli Sreenivasa Rao be granted fresh registration under Section 17(4) of the Act on submission of an affidavit to the effect that he will not repeat un-ethical acts which will attract disciplinary action by the Council. (iii) It is resolved that Dr.Kontham Raja Gopal Rao be granted Permanent Registration on payment of late fee of Rs.5000/- , a fee of Rs.1000/- towards revalidation of Temporary Registration and on fulfillment of other conditions as are required for condonation of delay period of more than One Year. (iv) It is resolved that Sri Syed Yousuf Ali, Jr.Asst. (Retd.) be paid Ex-gratia pro-rata for the period of 7 months in the year 2008. The meeting concluded with vote of thanks to the Chairmen. Sd/-SECRETARY APMC Sd/-CHAIRMAN APMC Sd/-CHAIRMAN ELECTED APMC

ANDHRA PRADESH MEDIAL COUNCIL :: HYDERABAD-500 095 MINUTES OF MEETING OF THE GENERAL BODY HELD ON 31-03-2009 AT 11.30 AM IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD
$$$$$ The General Body meeting of the APMC held on 31.03.2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.V.Ram Prasad Dr.K.N.Sudha Ramana, Director of Medical Education Dr.P.Ramesh Chandra, Director of Health Dr.P.Sucharitha Murthy, Director, Instt. of Preventive Medicine Dr.G.Balamaddaiah Dr.Nagalla Kishore Dr.K.Ramesh Reddy Dr.P.Vijaya Chander Reddy Dr.Surapureddy Srinivasa Reddy Dr.C.Padmavathi Sri.K.Satyanarana Murty Chairman Vice-Chairman Member Ex-Officio Member Ex-Officio Member Ex-Officio Member Member Member Member Member Member Member Secretary

The Chairman has granted leave of absence to Dr.A.V.Krishnam Raju, Dr.Raj Sidharth, Dr.Cipai Subrahmanyam and Dr.E.Ravinder Reddy who have expressed their inability to attend the meeting. The meeting of the General Body was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of GB and directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the proceedings of the General Body dated:20-012009, and the decisions of Finance Committee dated:31.03.2009 and the decisions of Executive Committee dated:31-03-2009, are made available to all the members of the Council. After detailed discussion and taking into consideration of the material placed before it, the General Body has passed the following resolutions unanimously.

1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE GENERAL BODY HELD ON 20-01-2009. Resolved that the Minutes of the meeting of the General Body held on 20-01-2009 be confirmed. It is also resolved that the action taken report on the minutes of the previous meeting of the General Body be approved. 2. TO CONSIDER THE REPORT OF THE FINANCE COMMITTEE DATED 31-03-2009. Resolved that the decisions of the Finance Committee as approved by the Executive Committee in its meeting held on 31-03-2009 relating to revised estimates for the year 2008-09 and Budget Estimates for the year 2009-10 be approved. Also resolved that the action taken in depositing the sum of Rs.40.00 Lakhs in Bank of Baroda, Banjara Hills, Hyderabad be ratified. It is also resolved that an agreement be entered with Bank of Baroda, Banjara Hills for sanction of House Building Advances, Personal Loans etc to the employees of the Council as per the terms and conditions of the Loanee Bank. It is also resolved that a Special Allowance of Rs.600/- pm to Sri N.Satyanarayana Murty, A.O. be sanctioned for attending the work relating to attending to all court cases, both Honble High Court and Supreme Court and in Lower Courts of general nature. It is also resolved that Audio Table Conference System with Seven (7) mikes, Board with mike control system etc. be purchased at an estimated cost of Rs.1,43,100/-. It is also resolved that Seventeen (17) Laptop Pieces of branded companies be purchased for giving to the Elected, Nominated & Ex-Officio Members of the Council and Secretary, A.P.Medical Council in the month of April, 2009. It is further resolved that One (1) branded Computer System along with Printer cum Scanner be purchased in the month of April, 2009 for use by G.Anil Kumar, Jr. Asst., O/o. APMC. 3. TO APPROVE THE DECISSION OF THE EXECUTIVE COMMITTEE DATED:31.03.2009. It is resolved that the decisions of the Executive Committee be approved except in the case of Registration of M.D. (Venereology) as Additional Qualification. (i) RATIFY THE ACTION TAKEN TO PUT SOME AMOUTN IN FDS IN THE BANK OFFERED HIGHER INTEREST It is also resolved that the action taken in depositing the sum of Rs.40.00 Lakhs in Bank of Baroda, Banjara Hills, Hyderabad be ratified.

(ii)

TO CONSIDER ENTERING INTO AGREEMENT WITH BANK OF BARODA BANJARA HILLS BRANCH FOR SANCTION OF HOUSE BUILDING ADVANCE etc. TO THE EMPLOYEES OF THE COUNCIL It is also resolved that an agreement be entered with Bank of Baroda, Banjara Hills for sanction of House Building Advances, Personal Loans etc to the employees of the Council as per the terms and conditions of the Loanee Bank. TO CONSIDER SANCTION OF SPEICAL ALLOWANCE TO A.O. IN VIEW OF HEAVY WORK TURNED OUT BY HIM It is also resolved that a Special Allowance of Rs.600/- pm to Sri.N.Satyanarayana Murty, A.O. be sanctioned for attending the Special duties relating to all court cases and this shall be reviewed after one year depending upon performance. PURCHASE AUDIO CONFERENCE SYSTEM It is also resolved that Audio Table Conference System with Seven (7) mikes, Board with mike control system etc. be purchased at an estimated cost of Rs.1,43,100/-.

(iii)

(iv)

(v)

TO PURCHASE SEVENTEEN (17) LAPTOP PIECES FOR GIVING TO ALL THE MEMBERS OF THE COUNCIL AND THE REGISTRAR It is also resolved that Seventeen (17) Laptop Pieces of branded companies such as Dell-Portable or Sony Voya 15 be purchased for giving to the Elected, Nominated & Ex-Officio Members of the Council and the Secretary of the Council in the month of April, 2009.

(vi)

TO PURCHASE COMPUTER SYSTEM It is further resolved that One (1) branded Computer System along with Printer cum Scanner be purchased in the month of April, 2009 for use by G.Anil Kumar, Jr. Asst., O/o. APMC.

(vii)

REGISTRATION OF ADDITIONAL QUALIFICATION OF M.D. (VENEREOLOGY) It is resolved that the registration of M.D. (Venereology) granted to some candidates be kept in abeyance. It is further resolved that the candidates be directed to surrender their certificates of registration of additional qualification. It is also resolved that the candidates be directed not to use the said Certificates of Registration of Additional Qualification for any purpose. It is also resolved to recommend to Medical Council of India for grant of recognition to MD (Venereology) qualification.

(viii) REQUEST TO CONSIDER TO ISSUE HEALTH CARDS BY THE DME FOR THE STAFF OF APMC It is resolved that the Director of Medical Education/Director of Health be addressed to consider to issue Health Cards to the staff of APMC on par with the Government employees.

(ix)

TO CONSIDER INVITING EX-OFFICIO MEMBERS OF THE COUNCIL TO THE EXECUTIVE COMMITTEE It is resolved that the clarification given by the Standing Counsel that the Chairman and the Vice-Chairman of the APMC shall be the Ex-Officio Chairman and Vice-Chairman of the Executive Committee be approved. It is resolved that the Ex-officio appeared in Section 11(1) of A.P. Medical Practitioners Registration Act, 1968 shall refer to Ex-officio Chairman and Vice Chairman of the Executive Committee. It is also resolved that the Government may be addressed for a clarification in this regard.

(x)

IMPLEMENTATION OF THE GUIDELINES FRAMED BY THE MEDICAL COUNCIL OF INDIA TO CURB THE MENANCE OF RAGGING IN MEDICAL COLLEGES. It is resolved that the guidelines issued by the Medical Council of India in its letter dt:21.02.2009 to prevent ragging in Medical Colleges be noted.

(xi)

TO PERUSE THE DIRECTION GIVEN BY HONBLE HIGH COURT OF ANDHRA PRADESH IN WP NO.1711 OF 2009 FILED BY MADDASANI VENKATESWARA RAO AND ANOTHER. It is resolved that the matter be pursued with Standing Counsel of APMC. It is also resolved that the final order of the Division Bench of Honble High Court be awaited.

(xii)

TO CONSIDER THE APPLICATION OF DR.KHADIR ALI KHAN FOR GRANT OF PERMANENT REGISTRATION. It is resolved to grant Permanent Registration to Dr.Khadir Ali Khan on payment of Rs.1,000/- as penalty and also that he should be warned to be more careful in future.

4.

TO CONSIDER THE BUDGET PROPOSALS FOR THE YEAR 2009-10. It is resolved that the revised estimates of expenditure of Rs.50,73,000/- for the year

2008-09 be approved. Further resolved that the Budget proposals for an expenditure of Rs.64,26,000/- for the year 2009-10 be approved. 5. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. (i) To consider to Elect Chairman, Administrative Committee and Three other Members. It is resolved that the item be taken up for consideration in the next meeting of the General Body.

(ii) To consider nomination of Two Members for each of the Special Committees. It is also resolved that members be nominated to each of the following Committees as per Section 12(2) of the Act. ETHICAL AND MAL-PRACTICES COMMITTEE FOR THE YEAR 2009 1. DR.A.KESANNA 2. DR.N.VASUDEV FINANCE COMMITTEE FOR THE YEAR 2009 1. DR.P.SAMBASIVA RAO 2. DR.E.SAI PRASAD ADMINISTRATIVE COMMITTEE- FOR THE YEAR 2009 1. DR.N.APPA RAO 2. DR.R.JAYACHANDRA REDDY BUILDING COMMITTEE FOR THE YEAR 2009 1. DR.E.VIJAYENDRA REDDY 2. DR.K.KALADHAR

PUBLIC RELATIONS - FOR THE YEAR 2009 1. DR.C.S.R.PRASADA RAO 2. DR.CH.SRINIVASA RAJU LEGAL AND ANTI QUACKERY FOR THE YEAR 2009 1. DR.M.SHIVALINGAM 2. DR.V.S.PRASAD MEDICAL EDUCATION AND MEDICAL COLLEGES & ALLIED INSTITUTIONS COMMITTEE - FOR THE YEAR 2009 1. DR.T.NARASINGA REDDY 2. DR.V.LAKSHMAN RAO CME COMMITTEE FOR THE YEAR 2009 1. DR.L.V.RAGHAVA RAO 2. DR.A.SRIKANTH REDDY (iii) To Consider to invite two members to the Special Committees: It is resolved that the proposal be dropped as there is no provision in the Act to invite two members to the Special Committees. The meeting is concluded with vote of thanks to the Chair.

Sd/-SECRETARY APMC

Sd/-CHAIRMAN APMC

THE EXECUTIVE COMMITTEE

ANDHRA PRADESH MEDICAL COUNCIL::HYDERABAD
MINUTES OF MEETING OF THE EXECUTIVE COMMITTEE MEETING HELD ON 20.05.2009 AT 11.00 A.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD

The Executive Committee meeting of the APMC held on 20.05.2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 4. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.Nagalla Kishore Dr.E.Ravinder Reddy Sri K.Satyanarayna Murty Chairman Vice-Chairman Member Member Secretary

The Chairman has granted leave of absence to Dr.Cipai Subrahmanyam who has expressed his inability to attend the meeting. The meeting of the Executive Committee was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of Executive Committee and directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary / Registrar initiated the discussions. Copies of the Minutes of the Executive Committee dated: 31-03-2009, and the Minutes of Ethical & Mal Practices Committee dated:15-02-2009 and 30-04-2009 have been made available to all the members of the Executive Committee. The Executive Committee has first considered the decisions of previous meeting of the Executive Committee held on 31-03-2009 and the action taken report on the previous minutes. The members have gone through the notes provided under this item together with information furnished with regard to the registrations done during 01-04-2009 -19-05-2009. After detailed discussion and taking into consideration of the submission made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the Executive Committee held on 31.03.2009. After detailed discussion and taking into consideration of the material placed before it, the Executive Committee passed the following resolutions unanimously.

1.

TO CONFIRM THE MINUTES OF PREVIOUS EXECUTIVE COMMITTEE HELD ON 31-03-2009.

MEETING

OF

THE

The Minutes of the previous meeting of the Executive Committee held on 3103-2009 be confirmed.

TO CONSIDER THE REPORTS OF THE ETHICAL & MAL-PRACTICES COMMITTEE DATED 15-02-2009 AND 30-04-2009. It is resolved that the Report of the Ethical & Mal Practices Committee dated 15-02-2009 and 30.04.2009 be approved.

(A) (i) It is resolved that the observation/recommendation of Ethical & Mal Practices Committee in case No.23/2007,that the allegations made by the complainant, Sri B.Venkateswar Reddy are not proved against Dr.G.Satyanarayana, Dr.B.Ravi Shankar, Dr.N.Eshwar Chandra. The said recommendation be approved. The observation of the E & MPC that there was no role of Dr.G.Laxmana Sastry, Dr.S.Radha and Dr.M.Srinivas as they were participants in the tumour board meeting held on 01-07-2003 also be approved. (ii) It is resolved that the observation/recommendation of Ethical & Mal Practices Committee In Case No.09/2006 that there is no negligence on the part of Dr.C.Narasimhan, Cardiologist in treating the patient, Ms. Swathi at Care Hospital,Hyd. be approved. (iii) It is resolved that the Statements made by parties concerned in Case.No.07/2008, Case No.22/2007 and Case No.8/2008 be noted. (iv) It is resolved that the recommendation of the Ethical & Mal Practices Committee in Case No.23/2008 to stop further proceedings in the matter against Dr.V.Sree Ramulu upto 12-06-2009 in view of the Interim Stay granted by Honble High Court be approved. (v) It is resolved that the decision of Ethical & Mal Practices Committee to issue Summons to the parties concerned in Case No.22/2007,Case No.12/2008, Case No.13/2008 and Case No.19/2008 be approved.

(vi)

It is also resolved that the decision of Ethical & Mal Practices Committee to take for

consideration of other cases in the next meeting be approved.

3. TO CONSIDER THE DECISION OF THE GOVT. ON THE APPEAL PETITION FILED BY Dr.ROYA ROZATI AND Dr.SALMAN SAIFUDDIN. It is resolved to record the stay granted by the Appellate Authority - the Government of Andhra Pradesh on the appeal petition filed by Dr.Roya Rozati and Dr.Salman Saifuddin. It is also resolved that final decision in the matter be awaited. 4. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. (i) TO PERUSE THE STATUS OF WRIT PETITIONS/CIVIL SUIT PENDING BEFORE VARIOUS COURTS. It is resolved that the status of Writ Petitions/Civil Suit pending before various Courts be noted. It is also resolved that the Standing Counsel and other Advocates be requested to take necessary steps for speedy disposal of the pending cases. (ii) TO CONSIDER ENHANCEMENT OF SITTING FEE TO THE MEMBERS FOR ATTENDING COUNCIL / COMMITTEE MEETINGS. It is resolved that the matter be referred to the Finance Committee for its consideration and submission of a report to the Executive Committee. (iii) TO CONSIDER ENHANCEMENT OF SITTING FEE TO THE MEMBERS OF THE COUNCIL FOR ATTENDING INTERNEES ETHICS AWARENESS PROGRAMMES CONDUCTED IN VARIOUS MEDICAL COLLEGES IN THE STATE. It is resolved that the matter be referred to the Finance Committee for its consideration and submission of a report to the Executive Committee. (iv) TOPERUSE THE PAPER CLIPPING ON SUPREME COURTS JUDGMENT IN NIMS CASE

It is resolved that the Judgment of Honble Supreme Court in the case between Sri Prashanth S.Dhanaka and NIMS be noted. It is also resolved that further necessary action be taken on receipt of full text of the Judgment.

(v)TO CONSIDER ISSUING GUIDELINES ON THE USE OF DEGREES OF FOREIGN COUNTRIES WHICH GIVES THE IMPRESSION OF POST GRADUATE QUALIFICATION. It is resolved that Circular be sent to all branches of IMA with a request to advise all their members to display the name of the Country next to their qualification in order to remove confusion among common public. It is also resolved that an advise be given to the doctors having PostGraduate qualifications to clearly display (in bracket) their specialty, after their P.G. qualification, so as to avoid confusion in the minds of public so that they can know the specialty possessed by the doctor. It is further resolved that a brief note be published in IMA Bulletin in this regard. The meeting is concluded with vote of thanks to the Chair.

REGISTRAR APMC

Sd/- CHAIRMAN APMC

ANDHRA PRADESH MEDICAL COUNCIL: HYDERABAD-500 095

MINUTES OF MEETING OF THE EXECUTIVE COMMITTEE MEETING HELD ON 01.07.2009 AT 10.00 A.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD

The Executive Committee meeting of the APMC held on 01.07.2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.Nagalla Kishore Dr.E.Ravinder Reddy Sri K.Satyanarana Murty Chairman Vice-Chairman Member Member Secretary

The Chairman has granted leave of absence to Dr.Cipai Subrahmanyam who has expressed his inability to attend the meeting. The meeting of the Executive Committee was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of Executive Committee. The members as well as the Secretary greeted the Chairman on the eve of Doctors day. The Chairman directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary / Registrar initiated the discussions. Copies of the Minutes of the Executive Committee dated:20-05-2009, and the Minutes of Ethical & Mal Practices Committee dated:26-05-2009 and 26-06-2009 have been made available to all the members of the Executive Committee. The Executive Committee has first considered the decisions of previous meeting of the Executive Committee held on 20-05-2009 and the action taken report on the previous minutes. The members have gone through the notes provided under this item. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the Executive Committee held on 20-05-2009. Then the Executive Committee has taken up for consideration of the next item on the agenda, report of the Ethical & Mal-Practices Committee, Dated

26-05-2009. The Executive Committee noted that the Ethical & Mal-Practices Committee has taken up for consideration of Case.No.02/2008, i.e. Complaint made by Mrs.P.Sailaja against Dr.Y.Savitha Devi, Swapna Nursing Home, Hyderabad. The Executive Committee also noted that both the parties appeared before the E&MPC and their statements are on record. The Executive Committee noted that Expert opinion was sought from a Senior Cardiologist for her expert opinion and the same is awaited in this case. The Executive Committee has noted that in Case.No.07/2008, i.e. the complaint made against Dr.Ajit Vigg the case, the Ethical & Mal Practices Committee decided to refer the matter to a three-men experts Committee comprising of one Senior Radiologist, One Senior Chest Physician and One senior Pathologist. The Executive Committee noted that as per the decision taken in this regard, the matter has been referred to: (i) Dr.S.V.Prasad Senior Pulmonoligst, Superintendent TB& Chest Diseases Hospital, Hyd.
Hyde

(ii) Dr.N.L.N.Murty, Prof. of Radiology, GMC/ Gandhi Hospital, Secunderabad. (iii)Dr.R.S.Ashok Kumar, Professor of Pathology, Osmania Medical College, Hyderabad. The Executive Committee has also noted that In Case No.08/2008, i.e. the Complaint made by Sri Gosu Nagabhushanam & Varamma against Dr.Thumu Rama Krishna, Case No.12/2008, i.e. the Complaint made by Mrs.Ramalingeswari Devi against Dr.P.Aruna, Aruna Hospitals, Hyderabad. In Case No.13/2008, Complaint made Sri Ravinder Dwivedi against Dr.Sunil Kapoor, Care Hospital, Hyderabad, it has been decided to consider the same in the next meeting of the Committee. The Executive Committee also noted that the E & MPC has decided to take up Case No.16/2008, Case No.17/2008, and Case No.18/2008 & Case No.19/2008, Case No.20/2008 Case No.21/2008 and Case No.22/2008, in the next meeting of the Committee. The Executive Committee after detailed discussion, decided to approve the minutes of the meeting of the E&MPC dated 26-05-2009. Then the Executive Committee has taken up for consideration of the next item on the agenda i.e. the minutes of the Ethical & Mal-Practices Committee, Dated 26-062009. The Executive Committee noted that the Ethical & Mal-Practices Committee, in Case No.22/2008 has examined the Respondent Dr.L.S.R.Krishna, Cardiologist NIMS

and his statement is on record. The Executive Committee further noted that the complainant, Sri T.Sambi Reddy did not appear and requested for adjournment of the hearing. The Executive Committee further noted that in Case No.17/2008, the E & MPC has examined the Respondent, Dr.G.Subba Rao whereas the Complainant in this case, Sri Kalluri Adinarayana was absent. The Executive Committee noted that in case No. 18/2008, the complainant M.G.Ramulu Yadav was present and submitted an application stating that originals of xerox copies enclosed to his complaint are missing and not traceable despite of all his efforts and in the present circumstances and after careful consideration of legal opinion, he felt it is necessary to seek the Councils permission for withdrawal of his complaint made against Dr.M.Vishnu Vardhan Reddy which is pending for enquiry. The Executive Committee has noted that the Respondent, Dr.M.V.V.Reddy appeared before the Committee and his statement is on record. The Executive Committee gone through his statement and noted that he is running a clinic and do not own Sri Sai Diagnostic Centre situated in Zaheerabad. He has stated that he is in Government Service and with regard to the allegation why the display board in APVVP Hospital, Zaheerabad shows him as orthopedic surgeon, he has stated that it was fabricated by somebody. He has stated that there are two staff members in the clinic and they are qualified para medical technicians and there are no beds in the hospital. It is decided that if the inspection proposed by CME Committee on various hospitals for violation of Ethics, such as keeping hoardings and indulging in unethical acts is materialized, the name of respondents hospital is to be included. Then the Executive Committee has noted that in case No. 20/2008 Complaint made by Ms. L.Suvarna made against Dr.S.V.Adinarayana Rao, Visakhapatnam, both the parties have appeared before the committee and their statements are on record. The Executive Committee has also noted that the E&MPC counseled the complainant to go to Dr.Adinarayana Rao for Physiotherapy and other measures as he has assured to help. Then the Executive Committee had noted that in case No. 21/2008 complaint made by Dr.B.Ramachandraiah against Dr.P.Chandra Sekhar, Director, RIMS and others, the E&MPC has examined both the parties and their statements are record.

The Executive Committee noted that Dr.Ramachandraiah brought this complaint relying upon rule 7.7 of IMC Regulations 2002 which inter-alia deals with signing professional certificates, reports and other documents and the complainant has stated that the Respondent have given improper reports with a fabricated, false, malicious intention without any basis. The EC also noted that the Counsel for Respondents have stated that the crux of the complaint was that the complainant has been transferred from RIMS to another institution and his application has been dismissed by AP Administrative Tribunal on merits. Then the Executive Committee has noted that in Case No.08/2008 i.e. complaint made by Sri Gosu Nagabhushanam & Varamma aginast Dr.Thumu Rama Krishna, New Life Multi Specialist Hospital, Khammam, the E&MPC Committee made its detailed observations/recommendations for consideration of the Executive Committee for its decision. The Executive Committee has gone through the complaint other material on record and statements of the parties concerned. The Executive Committee noted that the complainants stated that the patient was not conscious after operation. It was further stated that the patient was conscious at the time of admission and his condition was very good; no problem to the patient just minor injuries. It was stated that operation was conducted at 06.30 PM 10.00 PM on 06.01.2008 and the patient expired after 04.00 PM on 07.01.2008. It was also stated that the patient was diabetic. As to the question about the cause of death, they have stated that the doctor was absconding after death and according to the doctor, the patient died of cardiac arrest. They contended that it was negligent treatment. It was also stated that the patient expired after reaching to Dr.Gopinath Hospital. The Executive Committee gone through the statement of the Respondent. He has stated that in his hospital specilities like Critical Care, General Medicine, General Surgery, Paediatrics, Orthopaedics, Maxillo Facial Surgery, Cardiology, Urology, Neurosurgery and Physiotherapy, Pathology and Bio-chemistry. Basic equipment like ECG, Cardiac Monitor, Multi-para Monitor, NIBP, Syringe Pumps, Infusion Pumps, De-fibrillator and Ventilators are available in the Hospital for Cardiac patients. It was stated that the patient sustained facial injuries and head injury and patient was in drunken state and responding to verbal commands. It was also stated that the drunken state of the patient was not mentioned in the casesheet as the patients attendants request not to mention drunken state. It has been

stated that, they occasionally give paper ads in that they expose the services available in the hospital. It was also stated that Patient got acute Anterior Wall MI with Cardiogenic shock and subsequently patient died due to sudden Cardio Respiratory Arrest at Spandana Hospital. As to the question whether the patient recovered or not, the Respondent stated that during Intra-operative and immediate post operative period stable and un-eventful. Patient shifted to post-operative ward after thorough Anaesthesia. It was further stated that on the next day of operation, i.e. 07.01.2008 till 04.30 PM patient was stable and after that he went to bathroom, he smoked and after that immediately he collapsed itself. Nursing Staff and the respondent took him to ICU and started treatment. Patient complained of severe chest pain radiating to back and left shoulder and patient became very breathless and irritable. Pulse rate was 122 per minute, BP 70/60 MMHG. Immediately started Oxygen and take ECG and it was explained to the patients attendants regarding the condition of patient. Immediately, the Cardiologist by name Dr.Gopinath was called. He examined the case and explained the poor prognosis of the patient to the patients attendants. The respondent further stated that after the patient was shifted to Spandana Hospital between 05.15 PM05.30 PM where patient expired at 09.30 PM. As to the question whether resuscitative measures recorded in the case
sheet, the respondent stated that they could not record the resuscitative measures as

they were very hurry to save the patient and shifted the patient to another hospital and meantime the patients attendants threatened the nursing staff and taken away the case sheet without any permission. Taking into consideration of the entire material on record, it is decided to approve the findings of E&MPC, that there is no negligence on the part of Respondent Dr.Thumu Ramakrishna, in treating the patient Gosu Ananda Rao. The Executive Committee also approves further findings of E&MPC the allegation that the patient died in New Life Multi Speciality Hospital is not proved. Having noted that the Respondent has stated that they
occasionally give paper ads, the Executive Committee decided to accept the recommendation of

the E&MPC that he should be warned not to give wide publicity which will glorify his personal image. He should also be warned to keep the records properly about the patient. Then the Executive Committee has considered the observations/recommendations of Ethical & Mal Practices Committee in Case No. 24/2008 the complaint made by Dr.Kylas Pabba against Dr.A.Sai Ravi Shanker. The Executive Committee noted that

the complainant in his complaint dated 16-12-2008 has alleged that the Respondent Doctor did PGDC at NIMS and he is displaying D.Card (NIMS), DNB Card (NIMS) and acting as consultant Cardiologist and also independent Cardiologist. The Executive Committee noted that the E&MPC has observed that the Respondent had expressed his ignorance and stated that he was under impression that he was entitled to display DNBCardiology. The Executive Committee further noted the observation of the E&MPC that that Dr.Sai Ravi Shanker got himself registered with Andhra Pradesh Medical Council in the month of February, 2009 whereas he is practising in Karimnagar for the past 5 years which is contrary to the provisions of Andhra Pradesh Medical Practitioners Registration Act, 1968. The Committee felt that his statement that he registered in Orissa and he do not know that he has to register again in Andhra Pradesh is not convincing. After taking into consideration of entire material on record and the statements made by the parties concerned, the Ethical & MalPractices Committee observed that the acts of the Respondent, Dr.Sai Ravi Shankar are not in conformity with the IMC Regulations, 2002. The Committee has once again gone through the material filed on behalf of the complainant and noted that the respondent is displaying D.Card (NIMS) & DNB Card (NIMS) in his prescription pads. The Committee is of the view that the respondent has not cleared DNB (Cardiology) and even if his contention that he has obtained D.Card (NIMS), he is not justified in using either of these Diplomas. The Committee noted that according to IMC Regulations, 2002 it will be unethical on the part of a Medical Practitioner to suffix un-recognized degree/diploma to his name in his letter pad, prescription pad or sign board. During the enquiry it was made clear to the respondent that D.Card (NIMS) is an unrecognized diploma and using the same will be an un-ethical act on any count. The Committee has taken into consideration of the view expressed by the Complainant that the respondent should not practice as consultant Cardiologist and he should not exhibit DNB or DM in any way. The Committee has considered the further statement of the complainant that he has noticed illegal practices done by the respondent but unable to provide necessary evidence in this regard. After careful consideration of the material on record and taking into consideration of the observations of E&MPC, the Executive Committee decided to approve the recommendations of E&MPC and decided that the respondent deserve to be warned for his un-ethical acts such as using DNB (Cardiology) with out possessing the same and displaying D.Card (NIMS) which is an un-recognized qualification and admittedly practising in Karimnagar for

the past (5) Five years but got himself registered in APMC for his MBBS as well as MD (General Medicine) in February, 2009 consequent on registered notice received from the Council. The Executive Committee recommends to the General Body to warn the respondent for his un-ethical acts noted above. Then the Executive Committee considered the observations/recommendations of E&MPC in Case No. 22/2007 the complaint made by Sri B.Kishore against Dr.Bachu Radhakrishna. The Executive Committee noted that the Complaint B.Kishore alleged that the Respondent has given wrong treatment to his father and put the entire family in mental agony. The Executive Committee noted that the patient B.Prakash admitted in Satya Hospital on 23-05-2007 and treated by the Respondent, Dr.Batchu Radha Krishna and operation was done after four days of admission. The patient was discharged on 06.06.2007. Again the patients condition has become serious and was admitted in the hospital on 08.06.2007 and second operation was done on 13.06.2007. The patient was discharged on 18.07.2007. As the patient was suffering from serious stomach pain and went into unconscious condition, on 18.07.2007 he was taken to Kamineni Hospital, Hyderabad and he was treated for 22 days there and was discharged on 08.08.2007. The complainant contended that the doctors at Kamineni Hospital expressed the view that the condition of the patient has worsen due to the negligence of the Respondent. As the patient was treated by Dr.Jaydip Ray Chaudhuri at Kamineni Hospitals, Hyderabad, he was requested to offer his explanation as to the treatment given to the patient, B.Prakash at Kamineni Hospital, Hyderabad. Accordingly, he has filed his reply affidavit and other material for consideration of the Ethical & Mal-Practices Committee. As per the notice issued in this regard, he has appeared himself before the Committee on 30.04.2009 and his statement is on record. The respondent, Dr.Batchu Radha Krishna was furnished with the copy of reply affidavit filed by Dr.Jaydip Ray Chaudhuri, other material and his statement made before the Committee on 30.04.2009, to enable him to go through the same and make his defence in the meeting of the Committee held on 26.05.2009. Dr.Batchu Radha Krishna appeared before the Committee on 26.05.2009 and made the following statement.

1.

Whether you are accepting the statement and affidavit filed by Dr.Jay Dip Ray Chaudhuri? Are you differing the same and if so the

reasons for the same? Ans. I am not accepting the statement made by Dr.Jay Dip Ray Chaudhury. Here enclosing four sheets to differ. 2. Ans. Whether the patient was discharged in a stable condition? Yes, discharged the patient in stable condition with the postoperative wound healed to near normal (less than Inch raw area present). 3. Do you have any misunderstanding with the patient or their attendants ? Ans. At the time of discharge patients attendants argued with the hospital for the infection and for the bill. The hospital clarified for the infection and the bill also reduced to the maximum extent as the hospital collected only visiting consultants charges (apart from me seven other consultants given their services for the benefit of the patient, with their valuable services I could able to discharge the patient in normal condition). 4. Are you satisfied about Surgical Management at the time of Surgery? aseptic precautions, with vertical laminar air flow was used in the O.T., two Anaesthetists given their services and I performed the procedure 5. along with Dr.Kranthi Kumar, M.S. (Ortho.) another competent Orthopaedic Surgeon to perform Laminectomy Operation. What is your final Conclusion regarding this case? earliest so that I cannot be disturbed further.
The Executive Committee noted that the E&MPC has once again gone through the statement made by Dr.Jay Dip Ray Chaudhuri before the Committee on 30.04.2009 and noted that on the day of admission, patient was alert, complained of severe abdominal (lower) pain and had weakness of both lower limbs. He had bowel incontinence. Investigation reports show: RBS-135, Urea-88 (reative-6 Na-139, K-48, Hb 10.1gm% TLC 7600 Plauleb 1058 lacs, ESR-85 (UE-Puscells-Plenty, RBC+, Alt+). He has stated that

Ans. Yes, totally satisfied because surgery was performed with maximum

Ans. Sir, as I kept every thing in-front of you please close the file at the

patient did not bring any report with him and investigations conducted at Kamineni Hospital revealed ARF. Patient had ARF and epidural abscess with high creatinine levels at admission. Since this issue pertains to Nephrology and Neuro Surgery, he stated that he is not the correct person to comment about negligence in the case of this patient. The Executive Committee noted that the E&MPC has gone through the affidavit filed by Dr.Jay Dip Ray Chaudhuri and noted that the patient was given treatment at Kamineni Hospital from 18.07.2007 to 08.08.2007 under his supervision as senior consultant Neurologist. In the affidavit it was stated that after necessary investigations like CUE, Creatinine Levels and USG Abdomen, he was diagnosed to have urinary tract infection, acute renal failure, retention of urine and epidural abscess. It was further stated that he

recovered and his creatinine levels came down to near normal and he was discharged when he was ambulant on 08.08.2007. The Executive Committee noted that the Ethical & Mal Practices Committee has gone through the affidavit filed by the respondent, Dr.Batchu Radha Krishna, where he stated that the patient was recovered, his general condition was good, all vitals were stable and got full neurological recovery, hypertension was under control, suture lined healed well as such the patient was discharged from his Hospital on 06-06-2007 and admittedly the patient was taken to Kamineni Hospitals on 18-07-2007, i.e. with a gap of 42 days. As to the allegation of the Complainant that the Respondent has not taken full care and negligently treated the patient, thereby caused huge financial loss and physical disability, the E & MPC noted that the Respondent denied the same. After taking into consideration of the entire material on record, after careful consideration of the Affidavits filed by Dr.Batchu Radha Krishna, Dr.Jaydip Ray Chaudhury and the statements made by the parties concerned, the Ethical & Mal Practices Committee observed that there is no negligence on the part of Dr.Batchu Radha Krishna in treating the patient B.Prakash. The Executive Committee noted that E&MPC has considered the objections raised by the Respondent, Dr.Batchu Radha Krishna before it on 26-5-2009 that he has already appeared before the committee earlier and his statement is on record. The E&MPC has noted that he has referred to Rule-6 of APMC Enquiry Rules, 1978. The E&MPC observed that the respondent has quoted Rule-6 of the Rules erroneously and the said Rule deals with the

complaint to be reduced to writing and verified by oath or solemn affirmation of the complainant and further procedure required to be observed by the Committee to make a preliminary enquiry. The E&MPC noted that according to the proviso given under Rule 4 (2) of the Rules says that The Committee appointed to make a preliminary enquiry shall have power to cause further investigation to be made and take further evidence and also any legal advice or procure any legal assistance as it may think necessary. The E&MPC also observed that his objections are not maintainable in view of APMC Enquiry Rules, 1978. The Committee is of the opinion that examination of the Respondent, Dr.Batchu Radha Krishna has become necessary in view of the allegations made by the Complainant that the patient was admitted in Kamineni Hospital and the doctors conducted all neurology, nephrology tests and treated him for 22 days and was discharged on 08-08-2007. The Complainant also contended that the doctors at Kamineni Hospital have stated that the patients condition has become serious as treatment was not given at an appropriate time by a competent doctor and on account of negligence. Having considered the complaint and taking into consideration of the fact that the Patient was treated at Kamineni Hospitals, Hyderabad and the contention of the Complainant that they had incurred an expenditure of Rs.3,86,600/-, the Committee in its meeting held on 16-09-2008 has decided to issue notice to Dr.Jay Dip Ray Chaudhury calling for his explanation as to the treatment given to the patient, Sri B.Prakash at Kamineni Hospitals, Hyderabad. Accordingly, Dr.Jay Dip Ray Chaudhury has submitted his reply affidavit and Case-sheet pertaining to the patient. The Committee has examined him on 30-04-2009. After taking into consideration of the observations/recommendations of E & MPC and on perusal of the entire material on record, it is decided to approve the observation/ recommendation of the E & MPC that there is no negligence on the part of Dr.Batchu Radha Krishna in treating the patient B.Prakash. The Executive Committee also noted the objections raised by the Respondent, Dr.Batchu Radha Krishna in summoning him 2nd time by the E&MPC and approved the observations of the Ethical & Mal Practices Committee that the examination of Respondent, Dr.Batchu Radhakrishna has become necessary in view of the allegations made by the complainant that the patient was admitted in Kamineni Hospital and had been treated there for 22 days under the supervision of Dr.Jaidip Ray Chadhury and thereby had to incur an expenditure of Rs.3,86,600/- and was discharged on 08-08-2007 and in view of the contentions raised by the Complainant that the doctors at Kamineni Hospital had stated that the patients condition has become serious as treatment

was not given at an appropriate time by a competent doctor and on account of his negligence. Then the Executive Committee has gone through the observations /

recommendations of the E & MPC in Case No.12/2008, the complaint made by Mrs.Ramalingeswari Devi against Dr.P.Aruna, Hyderabad. The Executive Committee noted that the complainant alleged that After conceiving the pregnancy, she visited Dr.P.Aruna for consultation and that she used to go every month checkup, she had undergone scanning on 03-02-2007 at DBR diagnosis, Dilsuknagar, Hyderabad. After completing 8 months, the doctor refused to take up the case until delivery. The reason she said was that the patient is HBSAg Positive for that, her hospital is not equipped to counter this problem. Until 8 months doctor said that the Babys condition was good. After 8 months all the difficulties started. The EC also noted that the complainant contended that due to negligence on the part of doctor and diagnosis centre, they lost their baby. The Executive Committee has gone through the reply affidavit of the Respondent, Dr.P.Aruna that it is not true that the doctor refused to continue on the ground of patient being HBSAg Positive as alleged by her since the complainant was under her care even after being detected positive The Executive Committee has gone through her statement and noted that that some congenital anomalies can be picked up at the end of 3rd month and some at later stage of gestation. IUGR can be picked up only by serial scans done after six months. As to the question whether it was a fact that she has not taken up the patient for delivery as the patient was HBSAg Positive, she has stated negatively. As to further question as to why she has not repeated the ultrasound at the time of last visit of the patient, i.e. on 05-05-2007, within 32 weeks, she has stated that she would have repeated the Ultrasound if the patient had reported for her next visit which was scheduled after 15 days. The Executive Committee noted that as per the direction given in this regard, Dr.P.Aruna has submitted necessary evidence to the E&MPC to show that she had taken up HBSAg Positive cases for delivery and cesarean sections. After taking into consideration of the entire material on record the Executive Committee decided to approve the observations / recommendations of the E&MPC that there is no negligence on the part of Dr.P.Aruna in treating he complainant, Mrs.C.Ramalingeswari Devi

 Then the Executive Committee taken up for consideration of the observations/ recommendations of the Ethical & Mal practices Committee in Case no.13/2008 the complaint made by Sri Ravinder Dwivedi against Dr.Sunil Kapoor of Care Hospital, Hyderabad. The Executive Committee noted that the complainant is the head of a Non-governmental organization and made a complaint to the Minister of State, Home Affairs, Govt. of India and the said has received several complaints against Care Hospital, Nampally, Hyderabad. The Complainant alleged that one by name Laxmi Bai, aged 88 years admitted in Care Hospital on 15-10-2007 and Dr.Sunil Kapoor under whom the patient admitted did not bother to visit the patient till 16-10-2007. After lot of efforts, the attendant, Mr. Sham met Dr.Sunil Kapoor and he told him that patients respiratory system completely collapsed for that he asked him to deposit Rs.1,00,000/- and then only he will start treatment. The complainant Mr.Shyam asked about the type of Medical Prescription, the respondent became angry and abused him and filthy language and warned to take his patient back and prepared a false discharged report and bill for an amount of Rs.13,892/-. The complainant further contended that lastly relatives of the patient shifted her to Woodland Hospital where proper care and attention was paid by the doctor and the patient recovered there and feeling more comfortable. The Executive Committee has gone through the reply affidavit filed by the respondent, Dr.Sunil Kapoor and noted that he has stated that all the allegations are false, mischievous and made without any proof and also defamatory. The Executive Committee noted that the complainant did not appear before the committee whereas the Respondent, Dr.Sunil Kapoor was present before the committee on 26-05-2009 and his statement is on record. He has stated that the patient was under his care and the condition of the patient and on his requisition, Dr.Sunanda, Pulmonologist has been consulted. To another question he has stated that the patients attendant thought that the hospital is expensive and wanted to be shifted to smaller nursing home and the patient was shifted in the hospital ambulance to Wood Lands Nursing Home along with trained paramedical staff to drop them safely. The Executive Committee noted that the respondent Dr.Sunil Kapoor has submitted the case sheet pertaining to the patient Mrs.Laxmi Bai to the E&MPC subsequently. After taking into consideration of the entire material on record, the statement of Dr.Sunil Kapoor, the Executive

Committee approved the findings of

E&MP Committee that there was

no

negligence on the part of Dr.Sunil Kapoor in treating the patient, Mrs.Laxmi Bai. The Executive Committee noted that in the complaint made by Mrs.P.Sailaja against Dr.Savitha Devi, the matter has been referred to Dr.C.Shakuntala for her expert opinion and the same is awaited. The Executive Committee also noted that in the complaint made by Sri.A.V.Manikya Rao against Dr.Agit Vigg, the matter has been referred to three-men expert committee and the expert opinion is awaited. The Executive Committee further noted that in the complaint made by Mrs.Krishnapatnam Sarada against Dr.G.Mythili, the matter has been referred to a senior most gynecologist for her expert opinion and the same is awaited. The Executive Committee also noted that in Case No. 16/2008 the Respondent did not submit his explanation and as such the E&MPC decided to issue summons to the Respondent, the Medical Superintendent, Heritage Hospitals, Somajiguda, Hyderabad directing him to appear before the committee in its next meeting. The Executive Committee also noted that in Case No.03/2009, the complaint made by Md.Reyaz against Dr.Sameer Diwale, consultant Cardiovascular and thoracic surgeon, Wockhardt Heart Hospitals, Kamineni Hospitals Hyderabad and & Dr.K.Satyanarayana consultant Paediatrician, Kamineni Hospital Hyderabad, it was decided to take up this item by the E&MPC as and when the explanations of Respondents doctors received. The Executive Committee after careful consideration, decided to approve the action taken by E&MPC in all the above cases. Then the Executive committee has taken up for consideration of next item on the agenda i.e. to peruse the financial position of the APMC as on 27-06-2009 and the Executive Committee noted that the total deposits amounted to Rs.4,20,30,098/- out of which an amount of Rs.50,55,098 is in various SB Accounts. Having noted that there is a balance of Rs.47,02,749/- in the SB account of Andhra Bank as on 26-06-2009, it is decided that hereafter as and when the balance amount in SB account exceeds Rs.20 Lakhs the same shall be kept in Fixed Deposit,

leaving an amount of Rs.8,00,000/- for meeting the expenditure on Salaries and other expenditure of the Council. Then the Executive Committee has taken up for consideration of next item on the agenda, i.e. to consider and purchase of Printers for Computer -3 & 4 of the Council. After perusal of the notes provided under this item and explanation given by the Secretary in this regard, it is decided to purchase two HP Model Printers on buy-back old SAMSUNG Company Printers after observing usual procedure. Then the Executive Committee has taken up for consideration of next item on the agenda, i.e. to Consider and approve the decision to purchase laptops based technical opinion received. The Executive Committee has gone through the notes provided under this item. The Executive Committee has also gone through the minutes of the General Body Meeting held on 16-12-2008 and noted that the General Body considered the proposal of providing Lap-tops to all the Members of the Council in view of necessity for Electronic Transmission of data / information from the office of the Council and in order to retrieve huge data available on MCI website, website of IMRA, National Board, General Medical Council, U.K. and other National and International Organisations. After detailed discussion and taking into consideration all related issues, it is decided that Lap-tops be purchased from the funds available under CME Account at SBI, Isamia Bazar Branch and provided to all the Elected and Nominated Members of the Council at an early date. It is also decided to authorize Chairman, APMC and the Chairman, Finance Committee to take necessary action to obtain quotations for the purchase of Lap-tops of Dell / Sony and the Secretary shall arrange to purchase the same. It is also decided to meet the funds required from CME A/c. The members of the Executive Committee are also of the view that there is need for providing laptops to the members to enable the Councils office to send minutes of meetings of the Council and other important communications in a speedier manner. The members expressed the view that as and when they attend to Internees Ethics Awareness programmes and other CME programmes, the laptops will be more useful. After detailed discussion and taking into consideration of the technical advise provided by Executive Engineer, office of Commissioner APVVP and taking into consideration of the fact that ACER dual core model laptops are covered under DGS&D rate contract and in view of the advanced options, after sale service and 2 years warranty with webcam and provision for service at the place of

members native place, it is decided to approve the proposal for purchase of 17 pieces of ACER Dual Core model laptops at a cost of Rs.32,890/- per each plus usual taxes. It is also decided to authorize the Secretary to enter into Memorandum of Understanding with the supplier as per the approval obtained from the Chairman and supply the same to the members before 15th July 2009. It is also decided that in the case of members who term is less than 3 months, the laptops shall be kept with the Secretary and the same will be supplied to the successors in office. It is also decided that the laptops shall be provided to the members during their tenure as members of the Council and on expiry of the term they shall hand over the same to the office of the Council so has to provide the same to their successors in office. Then the Executive Committee has taken up for consideration of next item on the agenda, i.e. to Review the latest stage of alienation of land to the Councils Building. The Executive Committee has gone through the notes provided under this item and noted that in the meeting of General Body held on 31-03-2009 the then Director of Health, Dr.Ramesh Chandra that there was proposal pending before the Government for its consideration to construct a building for Para Medical Board, High Power Committee, Camp Office of NTR UHS and proposed that APMC and other Councils may be accommodated in two or three floors of the same building complex. The Executive Committee noted that the proposed Programme of construction of building complex is not yet finalized for various reasons. After detailed discussion it is decided to pursue the matter pending before the Government for allotment of land adjacent and including the existing Councils Building to have our own identity. It is also decided to submit a representation to the Minister for Medical Education to expedite the matter and also request the Present Director of Health to send specific recommendations for allotment of the land of the APMC for construction of proposed combined Councils Building. To Consider Any other item with the permission of the Chairman:Under this item, the Executive Committee considered the following items and discussed on the same. 9 (1) To peruse the direction of Honble High Court in W.P.No. 10889/2009. The Executive Committee noted the direction Honble High Court in W.P.No. 10889/2009 which was filed by Dr.M.A.Gafoor and 20 others against MCI and APMC is coming for hearing on 03-07-2009. The Executive Committee perused the notes provided under this

item. It is noted that Vakalat has been filed in this respect. After detailed discussion, it is decided that the matter be pursued with the Standing Counsel of the APMC and see that Counter Affidavit is submitted at an appropriate time. Item No.9 (2): To Accord Registration to Dr.J.Sai Kavitha as per the decision of the General Body:- The Executive Committee gone through the notes provided under this item and noted that the decision of Executive Committee in its meeting held on 20-01-2009, which has been approved by General Body on the same day, the same has not been implemented as the dealing clerk has sought declaration book and specific direction of the EC on treating Dr.J.Sai Kavitha as purported to have submitted her application in the month of May 2004. The Executive Committee decided to direct the dealing clerk to issue permanent registration to Dr.J.Sai Kavitha as per the decision taken earlier in its meeting held on 31-03-2009. The notes submitted by Senior Asst (K) and AO will be examined and decision taken separately. It is also decided to obtain signature and thumb impression of the candidate by e-mail. In this regard members felt that non implementation of decisions amount to disobedience and the same shall be viewed seriously. It is also decided to issue written warning to her to be more careful in future and implement the decisions of Executive Committee in toto, failing which she deserves for appropriate disciplinary action. Item No. 9(3): To Pay the Balance Amount to M/s.Team Engineer Systems Pvt. Ltd, Kukatpally, Hyderabad. Members have gone through the notes provided under this item and noted that an amount of Rs.71,500/- was paid to suppliers, M/s. Team Engineer Systems Pvt. Ltd who have completed the work of installation and also demonstrated the same to the Chairman and the system is found working satisfactorily. As such it is decided that the balance amount of Rs.89,487/- be paid to M/s. Team Engineer Systems Pvt. Ltd, Hyderabad. Item No. 9(4): Payment of enhancement of consolidated pay to Smt. L.Madhavi Latha, Assistant Members have gone through the notes provided under this item and noted that the Chairman Finance Committee, Dr.V.Ramprasad came to the office recently

as considered the representation of Smt. L.Madhavi Latha for appointment in regular pay scale. After careful consideration, she was of the view that she may be paid enhanced consolidated pay of Rs.9000/- w.e.f.01-06-2009. After detailed discussion, it has been decided to consider her request as approved by Chairman Finance Committee and to pay enhanced consolidated pay of Rs.9000/ Item No.9 w.e.f.01-06-2009. (5) : To Sanction notional increment to

Smt.D.Varalakshmi in the category of Typist and fixation of pay as Senior Assistant. The Members have gone through the attached note. After detailed discussion it is decided to sanction an increment in the selection grade scale of pay of Typist w.e.f.01.06.2009 and pay fixed under F.R. 22 (a) (1) in the Category of Sr.Assistant. Item No.9 (6) : To review the Work of Staff of APMC with reference to instructions issued to staff and also to review the in-discipline trends among few staff members. The members have gone through the notes provided under this item as certain instances have come to the notice of the members of the Executive Committee, which are clear indications of indiscipline among certain staff members. The Secretary brought to the notice of members that on 28-082007, an office memo was issued to all the staff members directing them not to go to the press directly or indirectly getting some matter published either to blackmail the colleagues or the Registrar or Chairman or Chairpersons of the Committees and other members with ulterior motives and it was made clear that disciplinary action will be initiated against those persons or others who cooperated them to get those false matters published. The Secretary also brought to the notice of the members that another memo was issued informing all the staff members that Evaluation Report will be prepared indicating the performance of each employee. It was also brought to the notice of members that another office order was issued in February 2009, reiterating the earlier directions of the Council.

After detailed discussion, the members expressed unanimous view that the Council shall enforce stringent provisions as per the CCA rules and other Disciplinary Rules. It is necessary to bring strict discipline and accountability among the staff members. The Executive Committee made it clear that instructions shall be issued to the staff members reiterating the stand of the Council so that if any staff member approaches Government or Higher Authority directly without brining the same to the notice of Chairman or Registrar, such acts of staff members shall attract disciplinary action for disobedience of the instructions and suitable action will have to be initiated as per the rules governing the disciplinary cases. It is also decided that a draft memo may be prepared after consulting the standing counsel of APMC and issued to the Staff Members after obtaining approval of the Chairman. In this regard, the Executive Committee has taken note of the fact that some of the staff members are defying the decisions taken by Executive Committee and approved by General Body. It is decided that hereafter any staff member is found disobeying the decisions taken by the Executive Committee or the Chairman, strict disciplinary action shall have to be initiated against such erring staff members. Then, Dr.N.Kishore, Member of the Executive Committee with the permission of the Chairman has mentioned in the meeting that, when the Chairman, Ethical & Mal-Practices Committee and other members of the Committee were entering the office, some of the staff members sat outside the office and

chitchatting and on seeing the members, they turned their faces in smiling mood, without expressing minimum protocol required to be observed. He has also mentioned before the E.C. that two or three staff members are also not observing protocols when the Chairman and Registrar entering the office. The Committee observed that the accepted way of behaviour in a particular situation has to be followed by the Staff members. The Executive Committee is of the unanimous opinion that the staff members be directed to follow the protocols in the office and shall be in their seats during the office hours. It has been decided that instructions will have to be issued to all the staff members directing them in this regard. All the staff members are directed to observe protocols whenever the Chairman, Vice-Chairman, Chairpersons of the Committees, Members of the

Committees, Members of the Council and Registrar enters the office and non-observance of protocols as mentioned above shall be treated as disobedience and disciplinary action will be initiated against erring staff member, apart from recording this attitude in the evaluation reports which forms basis for release of increments and promotions etc. It was also
decided to issue instructions to the staff members, the act of those who sits outside the office and Chit-Chat and laugh unawares of the presence of the Chairman, Vice-Chairman, other Chair Persons, Members and Registrar of the Council would be treated also as disobedience and disciplinary action will be initiated against such erring staff. After detailed discussion, it is decided that instructions shall be issued to all the staff members directing them to observe protocols whenever the Chairman, Vice-Chairman, Members of the Council or Committee or the Registrar enters the office and such non-observance of protocols shall be treated as disobedience and disciplinary action shall follow. The Executive Committee made it clear that instructions shall be issued to the staff members reiterating the stand of the Council so that if any staff member approaches Government or Higher Authority directly without brining the same to the notice of Chairman or Registrar, such acts of staff members shall attract disciplinary action for disobedience of the instructions and suitable action will have to be initiated as per the rules governing the disciplinary cases. Then the Executive Committee has taken up the following items under informal agenda 9 (6) (i) Informal Agenda to Enhance conveyance to Staff Members from Rs.750/- to Rs.1,000/-. The Secretary brought to the notice of the members that one of the staff members came with a request that the conveyance allowance paid @ Rs.750/pm be enhanced to Rs.1,000/- in view of the increased cost of transportation. After detailed discussion and taking into consideration of the fact that the conveyance allowance of Rs.750/-pm is being paid w.e.f.01-07-2008, it is decided to refer the matter for consideration of the Finance Committee and place the matter before the Executive Committee for a decision. 9 (6) (ii)-To provide housing loans to Staff members of APMC

The Secretary brought to the notice of the Executive Committee that there has been orally representation of some of the staff members for sanction of housing loans. It is also brought to the notice of members of the Executive Committee that a memorandum of understanding is being executed with the authorities of Bank of Baroda, Banjarahills, Hyderabad. After completion of this, the bank will provide housing and other loans to all the eligible employees of the Council. After taking into consideration the accepted norm of giving undertaking for recovery of loan amount from the salary of the concerned employee, it is decided that Council has to given undertaking on behalf of the Loanee employees that in case of default, the loan installment shall be recovered from the salary of the concerned employee and remitted to the bank.

(6)

(iii)-To

consider

photo

scanned

on

the

Registration

Certificates issued by the Council: The Vice-chairman brought to the notice of the members that photos on the registrations certificates are being pasted which may in some occasions cause for tampering. As such it is suggested that photos on the registration certificates be scanned in order to prevent tampering. It is also brought to the notice of the members that the same procedure is followed in NTR University of Health Sciences and other universities while issuing degrees. After detailed discussion, it is decided to consider preparing modalities in this direction, such as upgrading the existing project so as to suit that scanned photo will appear on the registration certificate, maintenance of server connected to all systems covered under registration project and LAN connection. It is also decided that all registration data such as PG Registration, Change of Address and other changes shall appear in the main server in addition to the manual corrections done to the medical register. It is also decided that immediate steps and obtain technical advice and place a report before the Executive Committee in its next meeting. After detailed discussion and after taking into consideration of the material placed before it, the Executive Committee passed the following resolutions unanimously.

1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE HELD ON 20-05-2009. It is resolved that the minutes of previous meeting of the Executive Committee held on 20.05.2009 be confirmed. 2. TO PERUSE THE ACTION TAKEN REPORT ON THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE. It is resolved that the action taken report on the minutes of previous meeting of the Executive Committee be approved. 3. TO PERUSE THE STATISTICS RELATING TO REGISTRATIONS DONE DURING THE PERIOD OF 20-05-2009 27-06-2009. It is also resolved that the Statistics relating to Registrations done during the period of 20.05.2009 27.06.2009 be noted. 4. TO CONSIDER THE REPORTS OF THE ETHICAL & MAL-PRACTICES COMMITTEE DATED 26-05-2009 AND 26-06-2009. (A) It is also resolved that the observations/recommendations of the Ethical & Mal-Practices Committee dt:26.05.2009 be approved. (B) It is resolved that the observations/recommendations of the Ethical & Mal-Practices Committee dt:26.06.2009 be approved. (i) (ii) The decision of E&MPC in Case.No.02/2008 in referring the matter to an expert Cardiologist be approved. The decision of E&MPC in Case.No.07/2008 in referring the matter to a three men committee of Senior Pulmonologist, Prof. of Radiology & Prof. of Pathology be approved. (iii) The non-appearance of the complainant, Sri Kalluri Adinarayana in Case.No.17/2008, be noted. The appearance of respondent, Dr.G.Subba Rao whose statement is on record be noted. (iv) The application of the complainant in Case.No.18/2008, i.e. M.G.Ramulu Yadav seeking permission of the Council for withdrawal of his complaint be noted. The statement of respondent, Dr.M.Vishnu Vardhan Reddy be noted. (v) The statements of the complainant, Ms.Suvarna and the respondent, Dr.S.V.Adinarayana Rao in Case.No.20/2008 be noted.

(vi) (vii)

The statements of the complainant, Dr.B.Ramachandraiah and the respondents, Dr.P.Chandra Sekhar and others in Case.No.21/2008 be noted. It is resolved that the observations/recommendations of E&MPC in Case.No.08/2008 that there is no negligence on the part of respondent Dr.Thumu Ramakrishna, in treating the patient Gosu Ananda Rao be approved. It is also resolved that the observation of E & MPC that the allegation that the patient died in New Life Multi Speciality Hospital is snot proved be approved. It is further resolved that the recommendation of the E&MPC that he should be warned not to give wide publicity which will glorify his personal image be approved.

(viii)

It is resolved that the observations/recommendations of E&MPC in Case.No.24/2008 that the respondent deserve to be warned for his un-ethical acts such as using DNB (Cardiology) with out possessing the same and displaying D.Card (NIMS) which is un-recognized qualification and admittedly practicing in Karimnagar for the past five years but got himself registered in APMC for his MBBS as well as MD (General Medicine) in Feb,2009 consequent on registered notice from the Council be approved.

(ix)

It is resolved that the observations/recommendations of E&MPC in Case.No.22/2007 that there is no negligence on the part of Dr.Batchu Radhakrishna in treating the patient B.Prakash be approved. It is also resolved that the further observation of the E&MPC that the objections of the respondent, Dr.Batchu Radha Krishna are not maintainable in view of APMC Enquiry Rules, 1978 be approved.

(x)

It is resolved that the observations/recommendations of E&MPC in Case.No.12/2008 that there is no negligence on the part of Dr.P.Aruna in treating he complainant, Mrs.C.Ramalingeswari Devi be approved.

(xi)

It is resolved that the observations/recommendations of E&MPC in Case.No.13/2008 that there was no negligence on the part of Dr.Sunil Kapoor in treating the patient, Mrs.Laxmi Bai be approved.

(xii) (xiii)

It is resolved that the decision of E&MPC to refer the matter for expert opinion of a Senior most Gynecologist in Case.No.19/2008 be approved. It is resolved that the decision of E & MPC to issue summons to the Respondent, the Medical Superintendent, Heritage Hospitals in Case No.16/2008 be approved.

(xiv)

It is resolved that the action taken by E & MPC to direct issuing notices to the respondents in Case.No.03/2009.

5. TO PERUSE THE FINANCIAL POSITION OF THE COUNCIL AS ON 27-062009. It is also resolved that the Financial Position of the Council as on 27.06.2009 be noted. It is also resolved that the balance amount in SB Account exceeds Rs.20 Lakhs the same be deposited in F.D. except an amount of Rs.8 Lakhs to meet day to expenditure. 6. TO CONSIDER PURCHASING TWO PRINTERS TO COMPUTER-3 AND COMPUTER-4 OF OFFICE OF THE COUNCIL. It is resolved that the old SAMSUNG Company Printers (2) be replaced with HP model printers. It is also resolved that usual procedure be observed.

7. TO CONSIDER AND APPROVE THE DECISION TO PURCHASE LAPTOPS BASED ON TECHNICAL OPINION RECEIVED. It is resolved that 17 ACER Dual Core Model Laptops be purchased at a cost of Rs.32,890/- per each piece excluding usual Taxes. It is also resolved that the Secretary be authorized to enter into Memorandum of Understanding with the supplier as per the approval obtained from the Chairman and supply the same to the members before 15th July, 2009. 8. TO REVIEW THE LATEST STAGE OF ALIENATION OF LAND TO THE COUNCILS BUILDING. It is resolved that a representation be submitted to the Minister for Medical Education to expedite the matter. It is also resolved that a request be made to the present Director of Health for sending specific recommendations for the allotment of land of APMC so as to construct the proposed Combined Councils Building. 9. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. (1) To peruse the direction of Honble High Court in Writ Petition No.10889/2009. It is resolved that the matter be pursued with the Standing Counsel of APMC to see that Counter Affidavit be filed in the Honble High Court at an appropriate time.

(2) To Accord Registration to Dr.J.Sai Kavitha as per the decision of the General Body: It is resolved that Permanent Registration be granted to Dr.J.Sai Kavitha as per the decision taken earlier in this regard. It is also resolved that the signature and thumb-impression be obtained through E.Mail. It is also resolved that the concerned Senior Assistant be given a written warning in order to be more careful in future and to implement the decisions of the Executive Committee in toto, failing which she deserves for appropriate disciplinary action. It is further resolved that decision be taken separately on notes submitted by the Admn.Officer and the Senior Asst.(K) on examination of the same. (3) To pay the Balance Amount to M/s.Team Engineer Systems Pvt. Ltd., Kukatpally, Hyderabad. It is resolved that M/s.Team Engineer Systems Pvt., Ltd, Kukatpally, Hyderabad be paid the balance amount of Rs.89,487/- as they have completed the work of installation of mikes and demonstration done satisfactorily. (4) Payment of enhancement of consolidated pay to Smt.L.Madhavi Latha, Assistant: It is resolved that Smt.L.Madhavi Latha be paid enhanced consolidated pay of Rs.9000/w.e.f.01.06.2009. (5) To sanction notional increment to Smt.D.Varalakshmi in the category of Typist and fixation of pay as Senior Assistant. It is resolved that Smt.D.Varalakshmi be sanctioned an increment in the selection grade scale of pay of Typist w.e.f.01.06.2009 under FR 22 (a) (1) in the category of Sr.Assistant. (6) To review the work of staff of APMC with reference to instructions issued to staff and also to review the in-disciplined trends among few staff members: It is resolved that instructions be given to the staff members reiterating the stand of the Council that acts of any staff member be construed as disobedience when any body approaches Government or higher authority directly without bringing the same to the notice of the Chairman or Registrar. It is also resolved that suitable disciplinary action be taken as per the rules governing the disciplinary cases on the erring staff members. It is also resolved that a draft memo be prepared after consulting the Standing Counsel of APMC and issued to the members of staff members on obtaining approval of the Chairman. It is also resolved that strict disciplinary action be initiated against erring staff members who ever is found disobeying the decisions taken by the Executive Committee or the Chairman, APMC. It is further resolved that instructions be

issued to all the staff members in order to observe proto-cols whenever, the Chairman, Vice-Chairman, Members of the Council or Committee or the Registrar enters into the office and such non-observance of protocols be treated as disobedience and disciplinary action shall follow. (6) (i) To enhance conveyance allowance to the Staff Members of APMC from Rs.750/- to Rs.1000/-. It is resolved that the matter be placed before the Finance Committee for its consideration and submission of a report to the Executive Committee for a decision. (ii) To provide Housing Loans to staff members of APMC. It is resolved that a memorandum of understanding be executed with the authorities of Bank of Baroda, Banjara Hills, Hyderabad in order to provide Housing and other loans to all eligible employees of the Council. It is also resolved that an undertaking be given on behalf of Loanee -Employees to the effect that the installment amount be recovered from the salary of the concerned employee and remitted to the bank, in the event of default by the employee. (iii) To consider photo scanned on the Registration Certificates issued by the Council: It is resolved that modalities be worked out for upgrading existing project so as to suit that scan photo will appear on the Registration Certificate. It is also resolved that one of the system will be maintained as Server and connected to all systems covered under Registration Project and LAN be provided. It is also resolved that all registration data such as P.G. Registration, Change of Address and other changes shall appear in the main server in addition to the manual corrections done to the Medical Register. It is further resolved that immediate steps be taken for obtaining technical advice and place a report before the Executive Committee in the next meeting. The meeting concluded with vote of thanks to the Chair.

REGISTRAR, APMC

Sd/-CHAIRMAN APMC

ANDHRA PRADESH MEDICAL COUNCIL: HYDERABAD-500 095

MINUTES OF MEETING OF THE EXECUTIVE COMMITTEE MEETING HELD ON 27.08.2009 AT 10.00 A.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD

The Executive Committee meeting of the APMC held on 27-08.2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.Nagalla Kishore Dr.E.Ravinder Reddy Sri K.Satyanarana Murty Chairman Vice-Chairman Member Member Secretary

The Chairman has granted leave of absence to Dr.Cipai Subrahmanyam who has expressed his inability to attend the meeting. The meeting of the Executive Committee was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of Executive Committee. The Chairman directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary / Registrar initiated the discussions. Copies of the Minutes of the Executive Committee dated:01-07-2009, the Minutes of Ethical & Mal Practices Committee dated:28-07-2009, Order of Honble High Court dated:13-07-2009, Proceedings of CME Committee dated:27-08-2009, Lr.No.MCI23(1)/2009/Med./31378, dated:23-08-2009 received from Medical Council of India on 26-08-2009 etc. have been made available to all the members of the Executive Committee. The Executive Committee has first considered the decisions of previous meeting of the Executive Committee held on 01-07-2009 and the action taken report on the previous minutes. The members have gone through the notes provided under this item. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the Executive Committee held on 01-07-2009. Then the Executive Committee has perused the statistics pertaining to the Registrations done during the period of 01-07-2009 20-08-2009. The Executive Committee noted that the Permanent Registrations done were-964, Duplicate of Permanent Registration done-4, Provisional Registration-8,

Re-validation of Provisional Registration-66, Duplicate of Provisional Registration-1, Registration of Additional Qualification-391, Change of Name-4, No Objection Certificates-32, State Good Standing Certificates-35, Applications forwarded to MCI for issuing Good Standing Certificates-11, CT Forms/Verification Forms Issued-5, Temporary Permission for Foreign Visiting Doctors-3, Identity Cards issued were491. Then the Executive Committee has taken up for consideration of the next item on the agenda, report of the Ethical & Mal-Practices Committee, Dated 28-07-2009. The Executive Committee noted that the Ethical & Mal-Practices Committee has considered the following cases: (i) Case.No.08/2008: The Ethical & Mal-Practices Committee noted that the Executive Committee in the meeting held on 01.07.2009 has taken into consideration of the fact that the Respondent stated that they could not record the resuscitative measures as they were very hurry to save the patient and shifted the patient to another hospital and meantime the patients attendants threatened the nursing staff and taken away the case sheet without any permission, it has been decided that the Respondent Dr.Thumu Rama Krishna be warned for not maintaining proper records. (ii) (iii) Case.No.22/2008: The Ethical & Mal-Practices Committee resolved that the statement of the complainant, Sri T.Sambi Reddy be on record. Case.No.17/2008: The Ethical & Mal-Practices Committee resolved that the statement of the complainant, Sri Kalluri Adinarayana be on record. (iv) Case.No.18/2008: The Ethical & Mal-Practices Committee after taking into consideration of the entire material on record, it has been noted that the complainant, Sri M.G.Ramulu Yadav was present alongwith his Counsel and submitted an application requesting the Council to permit withdrawal of his complaint on the ground that the originals of xerox copies enclosed to his complaint are missing and not traceable despite of all his sincere efforts. The Committee also noted his further statement that the politicians have developed grudge over Dr.M.V.V.Reddy and misguided him. The complainant has also stated that in the present circumstances and after careful consideration of Legal Opinion, he felt it necessary to seek the Councils permission for withdrawal of his complaint, which is

pending for an enquiry stating that he is withdrawing his complaint made against Dr.M.Vishnu Vardhan Reddy. After taking into consideration of the statement made by the respondent, Dr.M.Vishnu Vardhan Reddy, wherein he has denied the allegations made against him and the application of the complaint stating that he is withdrawing the complaint. It is decided that if he is found henceforth practising as Orthopedic Surgeon, action will be contemplated. It is also decided that the observation of the Executive Committee will be taken into consideration and the name of respondents hospital to carryout joint inspection by CME Committee, Ethical & Mal-Practices Committee and Legal & Anti-Quackery Committee will be included at an appropriate time. (v) Case.No.20/2008: The Ethical & Mal-Practices Committee after taking into consideration of statements made by the parties before the Committee on 26.06.2009, it has been resolved that the matter be kept in abeyance. It is also resolved that both the parties be addressed in this regard. (vi) Case.No.21/2008: The Ethical & Mal-Practices Committee, taking into consideration of the claims and counter-claims of both parties need to be examined, it has been decided that the matter be kept in abeyance. It is also resolved that summons be issued to Dr.Murali Mohan to appear before the Committee in the next meeting. (vii) Case.No.19/2008: The Ethical & Mal-Practices Committee has decided to issue summons to the complainant, Smt. Krishnapatnam Sarada to appear before the Committee in the next meeting. (viii) Case.No.02/2008: The Ethical & Mal-Practices Committee noted that as per the earlier decision on the complaint made against Dr.Y.Savitha Devi, Swapna Nursing Home, Hyderabad, the matter has been referred to Dr.Gowthami, Paed. Cardiologist, for her expert opinion and the same is awaited. (ix) Case.No.07/2008: The Ethical & Mal-Practices Committee noted that as per the earlier decision in this regard, the complaint made against Dr.Ajit Vigg, Hyderabad along with other material on record were furnished to three experts, one Senior Pulmonologist, one Senior Radiologist and one Senior Pathologist. The Committee noted that the Expert opinion of Three-man expert Committee is awaited.

(x)

Case.No.16/2008: The Ethical & Mal-Practices Committee noted that inspite of issuing notices on the complaint made by Smt.M.Uma Devi, Hyderabad, the Respondent i.e the Medical Superintendent, Heritage Hospital, Hyderabad did not respond to the same. It has been decided to issue summons to the respondent directing him to appear before the Committee in the next meeting.

(xi)

Case.No.01/2009: The Ethical & Mal-Practices Committee noted that the Complainant Sri K.Prasad did not appear before the Committee inspite of summons issued in this regard and as such it has been decided to issue summons to him to appear before the Committee in the next meeting. The Committee noted that the Respondent, Dr.Srinivas Bathini, Ongole has been present and his statement is on record.

(xii) Case.No.02/2009: The Ethical & Mal-Practices Committee noted that the Complainant has been present and his statement is on record. The Committee noted that the Counsel for the Respondent, Sri V.S.Sudhakar has been present and filed an application to the effect that Dr.P.B.Arnold is not doing well and has been advised for bed-rest for 6 weeks and also submitted a Medical Certificate and prayed to postpone the matter for hearing for a period of six weeks. After taking into consideration of the application filed on behalf of the respondent and the Medical Certificate, it has been decided to direct him to appear before the Committee in the next meeting. (xiii) Case.No.03/2009: The Ethical & Mal-Practices Committee noted that the complainant Md.Reyaz Pasha did not appear before the Committee and the respondents who were present along with their Counsel have expressed the view that it would be appropriate to take their statements after recording the statement of Complainant. In view of this, it is decided that summons be issued to the parties concerned to appear before the Committee in the next meeting. (xiv) Case.No.04/2009: The Ethical & Mal-Practices Committee noted that Sri Bunga Krishna Murthy made a complaint against Dr.T.Krishna, Akividu for his negligence in conducting Cataract Operation to him. The Committee noted that a registered notice has been sent to the Respondent Dr.T.Krishna, Akividu and the same has been redirected by the postal authorities to Shankar Netralayam, Visakhapatnam and the same has been returned un-served with an endorsement that the addressee was not

available there. It is decided to request the Complainant to find out the present address of the Respondent so that Regd. Notice be issued to him (xv) Case.No.08/2009: The Ethical & Mal-Practices Committee noted that the complainant Sri Kotla Raju made a complaint against Dr.G.Indira and others of SVS Hospital, M.B.Nagar. It is decided to issue summons to the parties concerned to appear before the Committee in the next meeting. (xvi) Case.No.09/2009: The Ethical & Mal-Practices Committee noted that the complainant Sri T.Obi Reddy made a complaint against Dr.S.Narsimhulu, Tadipatri alleging that the respondent has issued false Medical Certificate. It is decided to issue summons to both the parties to appear before the Committee in the next meeting. (xvii) Case No.23/2008: The Ethical & Mal-Practices Committee noted that the Honble High Court granted stay on the orders passed by the III Senior Civil Judge, CCC, Secbad, dt: 04.07.2008. In view of Stay granted by the Honble High Court, it is decided that the Complaint against Dr.V.Sreeramulu be kept in abeyance until receipt of further orders from Honble High Court in this regard.
After detailed discussion and taking into consideration of the observations/ recommendations of the Ethical & Mal Practices Committee in Case No.18/2008, i.e. the complaint made by Sri M.G.Ramulu Yadav against Dr.M.Vishnu Vardhan Reddy, the Executive Committee has decided to approve the recommendation of E&MPC and the application filed by the Complainant, Sri M.G.Ramulu Yadav to withdraw his complaint. It is also decided that if Dr.M.V.V.Reddy is found henceforth practising as Orthopedic Surgeon, action will be contemplated. It is also decided that the name of respondents hospital to carryout joint inspection by CME Committee, Ethical & Mal-Practices Committee and Legal & Anti-Quackery Committee will be included at an appropriate time.

The Executive Committee decided to approve the action taken by the Ethical & Mal-Practices Committee in all other cases including that of keeping abeyance of the complaint made against Dr.S.V.Adinarayana Rao, Visakhapatnam and the proceedings initiated against Dr.V.Sriramulu as per the orders of III Senior Civil Judge, CCC, Secbad, dt:04.07.2008, in view of stay granted by the Honble High Court until receipt of further orders of the Honble High Court. Then the Executive Committee has taken up for consideration of the next item on the Agenda, i.e. to peruse the financial position of the Council as on 25-08-2009. The members have gone through the statement provided under this item and the

statement wherein it has been indicated that the Fixed Deposits in various banks was Rs.4,29,75,000/- and balance available in S.B. Accounts of Andhra Bank, SBI(General account), SBI (CME Account) and SBH comes to Rs.30,55,448/whereas the balance available in Andhra Bank was Rs.26,03,099/- and it has been decided to put an amount of Rs.25 Lakhs in any Nationalised Bank as per the approval of the Chairman as and when the available balance in S.B. account comes to Rs.33 Lakhs. Then the Executive Committee has considered the next item on the Agenda, to consider enhancement of sitting fee to the members for attending Council/Committee meetings. The Secretary informed the members of the Executive Committee that as per the earlier decision in regard, the matter has been referred to the Chairman, Finance Committee for his approval and subject to ratification by the Finance Committee. The Secretary has informed that the Chairman, Finance Committee desired that the meeting of the Finance Committee will be convened for its consideration and submission of a report to the Executive Committee for its decision. Then the Executive Committee has considered the next item on the Agenda, to consider enhancement of sitting fee to the members of the Council for attending Internees Ethics Awareness programmes conducting in various Medical Colleges in the state. The Secretary informed the members of the Executive Committee that as per the earlier decision in the regard, the matter has been referred to the Chairman, Finance Committee for his decision and subject to ratification by the Finance Committee. The Secretary has informed that the Chairman, Finance Committee desired that the meeting of the Finance Committee will be convened for its consideration and submission of a report to the Executive Committee for its decision. Then the Executive Committee has considered the next item on the Agenda, to consider enhancement of Conveyance Allowance to the staff of the Council from Rs.750/- to Rs.1,000/- and to the Registrar, APMC.

The Secretary informed the members of the Executive Committee that as per the earlier decision in this regard, the matter has been referred to the Chairman, Finance Committee for his decision and subject to ratification by the Finance Committee. The Secretary has informed that the Chairman, Finance Committee desired that the meeting of the Finance Committee will be convened for its consideration and submission of a report to the Executive Committee for its decision. Then the Executive Committee has taken up for consideration of Addl. Agenda under this item, the EC has gone through the notice received from the Honble High Court dt: 30.07.2009 in W.P.No.15440 of 2009. The members have noted that the Honble High Court on 30th July, 2009 directed to produce before it, all records and others touching the proceedings of APMC issued in its Lr.No.26/APMC/PG.Regn.Ven./2009, dt:15.07.2009 before 01.09.2009. The Executive Committee perused the clarification received from the Medical Council India in its Lr.No.MCI-23(1)/2009/Med./31378, dt:23.08.2009 on the subject of Registration of Addl. Qualification of M.D(Ven.) awarded by colleges recognized by Medical Council of India in Andhra Pradesh. The members have also noted that the Post Graduate Committee of MCI observed that the General Body of the Council at its meeting held on 18.02.2006 had approved the recommendations of the Post Graduate Committee. The Members have also noted the said recommendations of the Post Graduate Committee as below: The Post Graduate Committee considered the matter together with W.P. No.3372/2005 Dr.B.Naravana Reddy and 28 others Vs. The Medical Council of India & Ors. In the High Court of A.P. at Hyderabad and decided to recommend that MD (Derm.) / MD (Ven.)/ MD (Derm, Ven.) be treated at par with the combined specialty i.e. M.D. Dermatology, Venereology, Leprosy. The Executive Committee also noted that the MCI has clarified that the qualification of MD (Dermatology, Venereology and Leprosy) has been included in the Schedules to the I.M.C. Act, 1956 and this qualification of MD (Dermatology, Venereology and Leprosy) comprehensively covers all the three branches i.e. Dermatology, Venereology and Leprosy. The Executive Committee further noted

that it was also clarified that the above cited decision covered the qualification awarded the nomenclature of Dermatology and Venereology. The Executive Committee has also noted that the MCI in its above said letter has made it clear that In view of above and after due deliberations, the members of the Postgraduate Committee decided that the qualification of MD (Venereology) is also covered in the above cited decision and it should be treated as par with the combined specialty as is being done for the candidates having MD (Dermatology) qualification. In view of the clarification given by the Medical Council of India in its letter referred to above, it is decided to furnish the entire material together with the clarification given by the Medical Council of India to the Standing Counsel of APMC for filing the same before the Honble High Court before 01.09.2009 and to submit to the Honble Court that the impugned proceedings dt:15.07.2009 are to be with drawn and as such the Honble High Court be prayed for appropriate orders.

The Executive Committee perused the Interim Order of the Honble High Court dt:30.07.2009 wherein the Honble Court has considered the W.P.M.P.No.20274 of 2009 in W.P.No.15440 of 2009 filed by Dr.B.Raghavendra Rao who was one among thirty (30) doctors to whom registered notices were issued directing them to surrender their certificate of registration of additional qualification granted to them for their MD (Venereology) qualification. The Executive Committee has noted that the General Body in its meeting held on 31.03.2009 has resolved to recommend to Medical Council of India for grant of recognition to MD (Venereology) qualification. In view of the above resolution passed by the General Body of APMC at its meeting held on 30.03.2009 and taking into consideration of clarification received from MCI, it is decided to write a letter to the Standing Counsel of APMC providing him with copy of MCI Letter dt:23.08.2009 for further action to file counter affidavit in Honble High Court. It is also decided to withdraw the decision of the Council to keep registration of MD (Venereology) in abeyance and also further decided to send

letters to all the candidates (30) who were granted registration for their MD (Venereology) to that effect. It is also decided to communicate the copy of letter dt: 23.08.2009 received from MCI to all the Principals / Deans of Medical Colleges in the State. It is also decided that the Secretary, APMC be directed to take necessary steps in this regard. Then the Executive Committee has considered the next item on the Agenda, To peruse the interim order dated: 13-07-2009 in WPMP of 2009 in WP No.15440 of 2009. The members have gone through the notes provided under this item. The members noted that the Honble High Court on 30th July, 2009 has passed that there shall be interim suspension as prayed for on the impugned proceedings of Andhra Pradesh Medical Council in its Letter.No.266/APMC/PG/Regn.Ven/2009 dated: 15-07-2009 pending disposal of Writ Petition No.15440 of 2009. The Executive Committee after taking into consideration of Interim Orders passed by the Honble High Court and the clarification given by the Medical Council of India in its Lr.No.MCI-23(1)/2009/Med./31378, dt:23.08.2009 on the subject of Registration of Addl. Qualification of M.D(Ven.) awarded by colleges recognized by Medical Council of India in Andhra Pradesh. The members have also noted that the Post Graduate Committee of MCI observed that the General Body of the Council at its meeting held on 18.02.2006 had approved the recommendations of the Post Graduate Committee. In view of the above, it is decided to withdraw orders issued in Lr.No.266/APMC/PG.Regn.Ven./2009, dt: 15.07.2009 and intimate all the (30) thirty doctors to whom the order has been sent. Then the Executive Committee has taken up for consideration of the next item on the Agenda, i.e. to peruse the order of Division Bench of Honble High Court in W.P.No.1711 of 2009. The Executive Committee has gone through the notes provided under this item and noted that as per the decision taken by the Executive Committee in its earlier meeting, para wise remarks were furnished to the Standing Counsel in order to prepare Counter Affidavit on behalf of APMC (4th respondent in the Writ Petition).

The Executive Committee has also noted that the Honble High Court on 03.08.2009 has directed the 5th respondent the District Collector, Nellore to depute an officer not below the rank of a Joint Collector to proceed to Kaligiri Town in Nellore District and after causing a local enquiry by the deputed officer to file a counter by the next date of hearing as to whether the allegations in the Writ Petition are true and directed to list the case on 26.08.2009. The Executive Committee also noted that the proposal made by the CME Committee for conducting surprise visits / checks by various small teams with two or three members of the Council / Committees on hospitals / clinics run by unqualified persons is finalized the same will be incorporated in the Counter affidavit to be filed by the Council.

In this regard, members are of the opinion that unless the High Court directs in this regard or the Government issues notification under 20 (ii) of A.P.Medical Practitioners Registration Act, 1968 and there by authorizes the Council to inspect the hospitals / clinics run by RMPs / PMPs and other un-qualified persons. In this regard, the members have expressed the doubt whether the Council can inspect the premises of any hospital / dispensary / clinic run by qualified doctors. In this regard, members have gone through the under the provisions of Section 26 (2) of Andhra Pradesh Medical Practitioners Registration Act, 1968 and noted that In holding enquires under this Act, the Council or its Committee shall have the same powers as are vested in the civil courts under the Code of Civil Proceedure, 1908, when trying a suit, in respect of the following matters, namely:a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. The Executive Committee is of the opinion that detailed examination of provisions of the Act, the rules made thereunder and the implications of the same are to be ascertained as to whether the Council or its Committee or the proposed small teams have the power to inspect the hospitals of any doctors when complaints received such as (i) hospital is ill-equipped resulting into the death of a patient on

account of in-adequate facilities which are expected to be available in Hospitals like Super Speciality/Multi Speciality, (ii) doctors are practising as specialists, such as Orthopedic Surgeons while having primary medical qualification, (iii) doctors running maternity nursing home by appointing non-medical practitioners and causing danger to the lives of pregnant women and sucking the blood of the poor; the doctor is running an un-authorized dispensary without authorized Gynecologist, if the Council inspect the said premises, it will be patent on the face of it. In view of the above, the Executive Committee directed to come with detailed proposals with all possibilities for conducting joint inspection by small teams appointed by the Council which shall carry on inspections in co-ordination with CME Committee, Ethical & Mal-Practices Committee and Legal & Anti-quackery Committee.

The Executive Committee also decided to place these decisions of the Council before the Honble High Court of Andhra Pradesh and also to the State Government. Then the Executive Committee has taken up for consideration of the next item on the Agenda, i.e. to consider the application of Dr.Pradyut Waghray for forwarding the same to the Govt. of India for consideration of Padma Awards. The members have perused the bio-data and the letter submitted by Dr.Pradyut Waghray for recommendation by APMC for PADMA AWARDS. The members have noted the letter issued by the Chief Executive Officer, Apollo Hospitals, Hyderabad. The members also gone through the letter issued by the Secretary, IMA, Hyderabad City Branch, wherein letters were addressed to the Home Secretary, Govt. of India recommending the candidature of Dr.Pradyut Waghray for the award of Padma Shree for the year 2009. After detailed discussion, it has been decided to address a letter to the Home Secretary, Ministry of Home Affairs, Govt. of India forwarding the bio-data and other material submitted by Dr.Pradyut Waghray. Then the Executive Committee has taken up for consideration of next item on the agenda i.e. minutes of CME Committee held on 27.08.2009. The members have gone through the various recommendations of CME Committee. The members have noted that the CME Committee has recommended considering the issue of

conducting CME Programmes three times in a year in all medical colleges, 1st session in 3rd month, 2nd session in 9th month and last session in the 12th month of their Internship. The CME Committee also recommended to conduct awareness programmes to post-graduate students once in a year. The CME Committee also recommended to enhance present amount of Rs.30/- per student to Rs.40/- per student for each session. The members also noted that the CME Committee has recommended to conduct the CME Programmes in Districts in association with IMA and Local Medical Bodies. The members also noted that the CME Committee has recommended to address a letter to IMA/GDA/APNA/Local Medical Bodies and various associations like APIAP/Surgeons Association/Orthopaedic Association etc. to co-ordinate the Workshops/Seminars where a booklet of A.P.Medical Council will be distributed. It has also been recommended that the financial assistance for conducting the same shall be fixed as Rs.10,000/-. The members also noted that the CME Committee has recommended to constitute small teams from various committees to make surprise checks / visits of any hospitals/clinics/nursing homes run by unqualified persons/RMPs/PMPs in the State to enable to curb the menace of quackery. It was also recommended to place before the Honble High Court of Andhra Pradesh to the effect that the A.P. Medical Council is contemplating to conduct surprise checks / visits of any hospitals/clinics/nursing homes run by unqualified persons/RMPs/PMPs in the State with a request to give a direction to empower the A.P.Medical Council to make surprise checks/visits in order to ascertain practice of Medicine by unqualified persons/RMPs/PMPs/quacks and take effective steps to curb the menace. The CME Committee has further recommended to address the Government separately for issuing a Notification empowering to the Council to make surprise checks/visits in order to ascertain practice of medicine by unqualified persons RMPs/PMPs/quacks and take effective steps to curb the menace. The CME Committee has further recommended that the matter pertaining to allowing the members to claim actual expenditure incurred by those members who come on cars.

The Executive Committee after detailed discussion and taking into consideration of various aspects has decided as follows: 1. To conduct Ethics Awareness Programme only once in a year taking into consideration of the fact not to disturb the academic session. It is also decided to continue the present amount of Rs.30/- per student for each session.

2. To conduct CME Programmes in Districts in association with IMA and their local Medical Bodies. To conduct one CME Programmes at District Level in a year in association with IMA and all other Medical Bodies. It is also decided to frame guidelines for financial sanction for CME Programme and also to consider the decision of the CME Committee @ Rs.25,000/- for one CME at the level of each district. It is also decided to distribute a booklet which shall include the Act and functions of Andhra Pradesh Medical Council. 3. The Executive Committee is of the opinion that it is not feasible to address a letter to IMA/GDA/APNA/Local medial bodies etc. to co-ordinate the workshops/seminars. 4. The Executive Committee has agreed in principle to the recommendation of the CME Committee to constitute small teams from the members of various committees to make surprise checks/visits of any hospitals/clinics/nursing homes run by unqualified persons / RMPs/PMPs in the state to enable the Council to curb the menace of quackery. After detailed discussion and taking into consideration of the material placed before it, the Executive Committee passed the following resolutions unanimously.

7. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE HELD ON 01-07-2009. It is resolved that the minutes of the previous meeting of the Executive Committee held on 01-07-2009 be confirmed. 8. TO PERUSE THE ACTION TAKEN REPORT ON THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE.

It is resolved that the Action Taken Report on the Minutes of Previous meeting of the Executive Committee be approved.

9. TO PERUSE THE STATISTICS RELATING TO REGISTRATIONS DONE DURING THE PERIOD OF 01-07-2009 25-08-2009. The Statistics relating to the Registrations done during the period from 01-07-2009 to 20-08-2009 be noted. 10. (A) (B) TO CONSIDER THE REPORT OF THE ETHICAL & MAL-PRACTICES COMMITTEE DATED 28-07-2009. It is also resolved that the observations/recommendations of the Ethical & MalPractices Committee dt:28.07.2009 be approved. (i) In Case No.08/2008, it is resolved that the Respondent, Dr.Thumu Rama Krishna may also be warned for not maintaining the records in addition to the decision of the Executive Committee in its earlier meeting. (ii) In Case.No.22/2008, it is resolved that the statement of the Complainant, Sri T.Sambi Reddy be on record. (iii) In Case.No.17/2008, it is resolved that the statement of the complainant Sri Kalluri Adinarayana be on record. (iv) In Case.No.18/2008, it is resolved that if the respondent, Dr.M.Vishnu Vardhan Reddy is found henceforth practicing as Orthopaedic Surgeon, action be contemplated against him. It is also resolved that the name of respondents hospital to carry out joint inspection by various committees be included at an appropriate time. (v) In Case.No.20/2008, it is resolved that the matter be kept in abeyance. It is also resolved that both the parties be addressed in this regard. (vi) In Case.No.21/2008, it is resolved that the matter be kept in abeyance. It is also resolved to approve the decision of E&MPC that summons be issued to Dr.V.Murali Mohan to appear before the Committee in the next meeting.

(vii) In Case.No.19/2008, it is resolved that the recommendation of E&MPC to issue summons to the complainant, Smt.Krishnapatnam Sarada to appear before the Committee in the next meeting. (viii) In Case.No.02/2008, it is resolved that the decision of E&MPC to refer the matter pertaining to the complaint against Dr.Y.Savitha Devi to Dr.Gowthami, Paediatric Cardiologist for her expert opinion be approved. (ix) In Case.No.07/2008, it is resolved that the decision of E&MPC on the complaint against Dr.Ajit Vigg to refer to a three men experts committee be approved. (x) In Case.No.16/2008, it is resolved that the decision of E&MPC to issue summons to the respondent, i.e. the Medical Superintendent, Heritage Hospital, Hyderabad be approved. (xi) In Case.No.01/2009, it is resolved that the decision of E&MPC to issue summons to the complainant, Sri K.Prasad be approved. (xii) In Case.No.02/2009, it is resolved that the decision of E&MPC to issue summons to the respondent, Dr.P.B.Arnold to appear before the Committee in its next meeting be approved. (xiii) In Case.No.03/2009, it is resolved that the decision of E&MPC to issue summons to the parties concerned be approved. (xiv) In Case.No.04/2009, it is resolved that the decision of E&MPC to request the complainant to find out the present address of the respondent to issue registered notice be approved. (xv) In Case.No.08/2009, it is resolved that the decision of E&MPC to issue summons to parties concerned be approved. (xvi) In Case.No.09/2009, it is resolved that the decision of the E&MPC to issue summons to both the parties be approved. (xvii) In Case.No.23/2008, it is resolved that the decision of E&MPC to stop further proceedings against Dr.V.Sreeramulu in accordance with the stay granted by the Honble High Court be approved. 5. PERUSE THE FINANCIAL POSITION OF THE COUNCIL AS ON 25-082009. It is resolved that the Financial Position of the Council as on 25.08.2009 be noted. It is also resolved to put a sum of Rs.25 Lakhs in Fixed Deposit in any

Nationalized Bank as may be approved by the Chairman, APMC when the balance amount in SB Account of Andhra Bank reaches to Rs.33 Lakhs.
6. TO CONSIDER ENHANCEMENT OF SITTING FEE TO THE MEMBERS FOR ATTENDING COUNCIL / COMMITTEE MEETINGS. It is resolved that the report of the Finance Committee be placed before the Executive Committee in the next meeting.

7. TO CONSIDER ENHANCEMENT OF SITTING FEE TO THE MEMBERS OF THE COUNCIL OR ATTENDING INTERNEES ETHICS AWARENESS PROGRAMMES CONDUCTED IN VARIOUS MEDICAL COLLEGES IN THE STATE. It is resolved that the report of the Finance Committee be placed before the Executive Committee in the next meeting. 8. TO CONSIDER ENHANCEMENT OF CONVEYANCE ALLOWNACE TO THE STAFF OF THE COUNCIL FROM RS.750/- TO RS.1,000/- AND TO THE REGISTRAR, APMC. It is resolved that the report of the Finance Committee be placed before the Executive Committee in the next meeting. 9. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. 1. (a) TO CONSIDER THE NOTICE RECEIVED FROM THE HONBLE HIGH COURT DT: 13.07.2009 IN W.P.NO.15440 OF 2009. It is resolved that the Standing Counsel, APMC be requested to submit to the Honble High Court that the clarification sought for by APMC in its letter dated:20-06-2009 has been received from Medical Council of India through its Letter.No.MCI-23(1)/2009/Med/31378, dated:23-08-2009 wherein the MCI made it clear that the members of its Post Graduate Committee had decided that the qualification of M.D.(Venereology) is also covered in the decision of the General Body of MCI at its meeting held on 18th February 2006 and it should be treated at par with the combined speciality as is being done for the candidates having MD(Dermatology) qualification. It is also resolved to withdraw the impugned proceeding of the Council dated 15-07-2009, and the Honble Court be prayed for passing appropriate orders.

(b)

TO

PERUSE

THE

INTERIM

ORDER

DT:

13.07.2009

IN

W.P.M.P.NO.20274 OF 2009 IN W.P.NO.15440 OF 2009. It is resolved that the thirty (30) doctors be informed through Registered letters that the impugned orders of the Council issued in Lr.No.266/APMC/PG Reg.Ven/2009, dated:15-07-2009 to keep the registration of MD (Venereology) in abeyance be withdrawn taking into consideration of the clarification given by Medical Council of India in its letter dated 23-08-2009. It is also resolved that the Principals/Deans of all Medical Colleges in the state and petitioners be communicated the letter received from the Medical Council of India. (2) IN W.P.NO.1711 OF 2009. It is resolved that the cases of quacks be referred to the concerned DIG/SP/Commissioner of Police and to the Collectors for initiating necessary action as per law. It is also resolved to furnish copy of Honble Supreme Court order Dated April 2nd, 1992 against quacks and also enlighten them of the gist of the Court orders. (3) TO CONSIDER THE APPLICATION OF DR.PRADYUT WAGHRAY FOR FORWARDING CONSIDERATION OF PADMA AWARDS. It is resolved that the Bio-data of Dr.Pradyut Waghray for PADMA AWARDS be forwarded to Secretary, Ministry of Home Affairs, Govt. of India for appropriate action. (4) TO CONSIDER THE MINUTES OF THE MEETING OF THE CME COMMITTEE HELD ON 27.08.2009 WITH REFERENCE TO WORK OUT MODALITIES FOR FORMATION OF SMALL TEAMS FOR PURPOSE OF CONDUCTING SURPRISE VISITS / CHECKS ON THE HOSPITALS / CLINICS / NURSING HOMES RUN BY UN-QUALIFIED PERSONS / RMPS / PMPS. It is resolved that the recommendations of the CME Committee be approved in Principle. THE SAME TO THE GOVT. OF INDIA FOR TO PERUSE THE ORDER OF DIVISION BENCH OF HONBLE HIGH COURT

(i) (ii)

It is resolved that the present amount of Rs.30/- per student for each session of Ethics Awareness Programme be continued. It is resolved that the CME Programmes in Districts be conducted in association with IMA and its local bodies. It is also resolved that Guidelines be prepared for sanctioning the amount of Rs.25,000/- for CME Programme conducted at each district level. It is also resolved that a booklet be prepared which shall include the Act and functions of APMC be distributed.

(iii)

It is resolved that the recommendation of CME Committee to address a letter to IMA/GDA/APNA/Local Bodies etc. in order to co-ordinate the workshops / seminars would not be desirable.

(iv)

It is resolved that the recommendation of CME Committee to constitute small teams from members of various committees to make surprise checks/visits of any hospitals/clinics/nursing homes run by un-qualified persons be approved. It is also resolved that the decision of Council be placed before the Honble High Court and Govt. of Andhra Pradesh for appropriate direction in this regard. The meeting concluded with vote of thanks to the Chair.

Sd/-REGISTRAR, CHAIRMAN APMC

Sd/APMC

MINUTES OF MEETING OF THE EXECUTIVE COMMITTEE MEETING HELD ON 22.10.2009 AT 03.00 P.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD

The Executive Committee meeting of the APMC was held on 22-10-2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. 5. 6. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.Nagalla Kishore Dr.E.Ravinder Reddy Dr.Cipai Subrahmanyam Sri K.Satyanarana Murty Chairman Vice-Chairman Member Member Member Secretary

The meeting of the Executive Committee was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of Executive Committee. The Chairman directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary / Registrar initiated the discussions. Copies of the Minutes of the Executive Committee dated:27-08-2009, the Minutes of Ethical & Mal Practices Committee dated:0809-2009 and the decisions of Ethical & Mal-Practices Committee dated:22-10-2009 order of Honble High Court dated:08-09-2009, Proceedings of the Finance Committee dated:15-092009, letter received from Karnataka Medical Council have been made available to all the members of the Executive Committee. The Executive Committee has first considered the decisions of previous meeting of the Executive Committee held on 27-08-2009 and the action taken report on the previous minutes. The members have gone through the notes provided under this item. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the Executive Committee held on 27-08-2009. Then the Executive Committee has perused the statistics pertaining to the Registrations done during the period of 21-08-2009 16-10-2009.

 The Executive Committee noted that the Permanent Registrations done were-964, Duplicate of Permanent Registration done-4, Provisional Registration-8, Re-validation of Provisional Registration-66, Duplicate of Provisional Registration-1, Registration of Additional Qualification-391, Change of Name-4, No Objection Certificates-32, State Good Standing Certificates-35, Applications forwarded to MCI for issuing Good Standing Certificates-11, CT Forms/Verification Forms Issued-5, Temporary Permission for Foreign Visiting Doctors-3, Identity Cards issued were491. Then the Executive Committee has taken up for consideration of the next item on the agenda, report of the Ethical & Mal-Practices Committee, Dated 28-07-2009. The Executive Committee noted that the Ethical & Mal-Practices Committee has considered the following cases and made its observations/recommendations for further consideration of the Executive Committee and necessary decision. (i) Case.No.01/2009: The Ethical & Mal-Practices Committee has resolved that fresh summons to be issued to the complainant directing him to appear before the Committee in the next meeting. (ii) Case.No.02/2009: The Ethical & Mal-Practices Committee has resolved that fresh summons be issued to the respondent. (iii) Case.No.03/2009: The Ethical & Mal-Practices Committee has resolved that the statements of the complainant and respondents be on record. (iv) Case.No.08/2009: The Ethical & Mal-Practices Committee has resolved that the statements of the complainant and the respondents be on record. (v) Case.No.09/2009: The Ethical & Mal-Practices Committee has resolved that the statement of complainant and Counsel for the respondent be on record. (vi) Case.No.16/2009: The Ethical & Mal-Practices Committee has resolved that the statements of complainant respondents representative be on record. (vii) Case.No.19/2009: The Ethical & Mal-Practices Committee has resolved that the complainant be given another opportunity to appear before the Committee. (viii) Case.No.17/2008: Complaint made by Sri Kalluri Adinarayana against Dr.G.Subba Rao, Bhoosaiah Memorial Nursing Home, Yedlapadu, Guntur District. The Executive Committee has gone through the detailed observations/recommendations of the Ethical & Mal-Practices Committee in this case and noted that the complainant Sri Kalluri Adinarayana made a complaint

against Dr.G.Subba Rao, Bhoosaiah Memorial Nursing Home, Yedlapadu, Guntur District. The Complainant in his complaint dated 09-09-2008 has alleged that Dr.Garikapati Subba Rao (MBBS) is running Bhoosaiah Memorial Nursing Home and practising for the last 30 years and in his hands number of patients died and stated that he has evidence to that effect. He alleged that his wife, Smt. Kalluri Subbayamma is one among them. He further alleged that having noticed the corrupt practices of the said doctor, such as selling medicines without any license and earning lakhs of rupees and the same has been complained to Commercial Tax Department. The complainant has further alleged that as per G.O.No.135, there are certain standards to be observed. There are no trained Nurses or Compounders and the names of persons who are working as Compounders have been furnished to the DM&HO. X-Ray Machine is there and has been in use but for the past several years there had been no qualified paramedical staff. Scanning Machine is there and Scanning has been done by the doctor for several patients. The Respondent has permitted Sri Atukuri Mallikharjuna Rao to run Medical Shop and there is no Pharmacist. The Complainant has further contended that the Respondent is dispensing medicines without proper accounts and records and the complainant is having sufficient evidence to prove the same. A complaint was also lodged before the Vigilance & Enforcement department and the same have been sent to the DM & HO for enquiry. The Complainant has requested to conduct an enquiry against the respondent doctor and to take appropriate action. As per the decision taken in this regard, in this office Lr.dated 02-12-2008, the complainant was requested to file his complaint in the form of an affidavit as per Rule-6 of APMC Rules, 1978. Accordingly, he submitted the same complaint duly attested by the Tahsildar, Edlapadu on 12-12-2008 and another on 15-12-2008. In this office letter 02-12-2008, the respondent, Dr.Garikapati Subba Rao was requested to submit his detailed explanation on the allegations made against him. The Respondent in his reply affidavit has stated that he is running the Nursing Home at Edlapadu. He has also stated that the allegation with regard to the death of Kalluri Subbayamma wife of the complainant, it is totally false and concocted for the purpose of blackmailing him thereby to get huge amounts from him. He has

also stated that Smt. Kalluri Subbayamma was died at St.Josephs Hospital, Guntur on 19.10.2007 but not in his nursing home as alleged. He has stated that his Nursing Home is situated at a corner of a village and the medical shops in the village are at far away place to his nursing home and in these circumstances, he faced lot of problems in the course of treatment and hence dispensed the required drugs to his patients only. He has contended that as a doctor, he is exempted from taking drug license as per the provisions of Drugs and Cosmetics Act and Rules, u/s K (5) of the Act to dispense the drugs to his patients and as such he never violated any rules or laws for the time being in force. As to the further allegation, he has stated that he has paid Turn Over Tax to CTO Chilakaluripeta under protest. He has contended that he has dispensed the medicines to his patients only on no profit no loss basis, as per the direction of the CTO, Chilakaluripeta he has paid Rs.34,860/- whereas the actual tax was only Rs.12,866/- for four years. He contended that the authorities never alleged theft of energy or tampering with meter. As to the further allegations with regard to G.O.Ms.No.135, he has stated that the registration of nursing homes in Guntur District is still going on and several Nursing Homes in the District are yet to be registered. The District Authorities insisted the doctors few months back to get their Nursing Homes registered and accordingly the respondent has applied for Registration of his Nursing Home also. He contended that he is not at fault. The respondent has stated that the complainant is harassing and threatening the officers to take action against him though there is no fault from his side. He contended that the complainant is a habitual petition-monger. The respondent contended that the complainant has simply avoided facing the Enquiry Officer and willfully abstained and leveling allegations against the DM&HO. He has also contended that the contents of complaint will prove his habit of blaming each and every official and it carries a reflection of his Psychological state of mind. With regard to the allegation about the nurses and compounders he has stated that his nursing home is small one and he is only a graduate. Majority of the patients will go either to Guntur or to Chilakaluripeta. He has stated that he personally attend those few patients who will come to him. The income is meager. Trained nurses and compounders are

not readily available as his income is small and the village is small. He has stated that he has engaged one MPHW and still in search of qualified person and three women possessing GNM qualification will come to work in his Nursing Home from January, 2009. He contended that they will assist him but wont extend their services to the patients. With regard to the X-Ray Plant, he has stated that the same is run by an independent technician and he is a qualified one. He is running his Laboratory in a room taken on rental basis and the respondent is not concerned with the same. With regard to Ultra Sound Scanning machine, he has stated that he is qualified and obtained permission from DM&HO, Guntur as required under law. He has stated that he is not concerned with the Medical Shop and the Medical Shop owner obtained Drug License from the concerned Inspector of Drugs and is running the shop independently. With regard to the press clipping of Andhra Jyothi dated 15-09-2008, he has stated that the allegation is totally false and he never used to draw blood in his nursing home. He contended that the paper clipping and the photo goes to show that it was snapped un-noticedly without anybodys permission. The picture in the photograph is the laboratory of Dodda Mohan Gandhi who is owner of it. The X-ray plant can also be seen in the photograph and the respondent is not concerned with the laboratory and its maintenance. He has further stated that he came to know that no drawal of blood took place as alleged and the technician Mohan Gandhi stated that whenever a patient is unable to step on to the table for X-ray, somebody will help him; this photograph was taken on such one occasion with a malafide intention, perhaps by the complainant himself. The respondent stated that the said Guduri Koteswaramma was not his patient and she was never admitted in his nursing home as alleged. He contended that the entire story was concocted by the complainant with the help of the Reporter of the Andhra Jyothi, who is none other than his relative. As per the decision taken in this regard, summons were issued to both parties to appear before the Ethical & Mal-Practices Committee on 26-06-2009. The Complainant in his letters Dated:15-6-2009 has furnished copies of certain documents and informed about his inability to appear for hearing in view of his

ill health. In the statement made by respondent, Dr.G.Subba Rao made the following averments. 1. 2. 3. 4. Since how many years you are practising in the village? Whether this patient died in your hospital? With what complaints, the patient came to your hospital? Are you practising with un-ethical methods? complainant. 5. 6. Is it true that you are indicted by the inspecting authorities? Whether the Drug Inspector has inspected your Nursing Home? Complaint given by Sri T.Adinarayana. 7. What is the report of the Drug Inspector after the inspection of your Nursing Home? Ans. The Drug Inspector inspected my Dispensary and searched for more than six hours and no spurious drugs were found. He took samples of some drugs for sending the same for analysis and the report says that they are standard drugs. 8. Whether you avoided payment of Profession Tax and other taxes payable to Government, thereby causing loss to the exchequer? Ans. No; the allegation in this regard is baseless and also intended to defame me. I submit that I am regularly paying Profession Tax, Income Tax and other Taxes as per the demand notices received in this regard. 9. Whether the DM&HO inspected your Nursing Home? What are his remarks? Ans. Yes; The District Medical & Health Officer inspected my Nursing Home on 06.09.2008. The DM&HO has informed about the recent legislation that all Nursing Homes and Clinical Establishments shall be registered and directed us to get registered under the Act. 10. Have you registered your Nursing Home under the recent Private Ans. No. Ans. Yes. The Inspector of Drugs inspected my Hospital in response to the

Ans: Since 30 years in Edlapadu Village. Ans: No; the allegation is not true. Ans: Vomiting, Loose motions and Fever. Ans: No; I have not indulged in any un-ethical methods as alleged by the

Nursing Homes and Clinical Establishments Act? Ans. Yes; photo copy of Certificate of Registration is submitted herewith.
Sd/-DR.GARIKAPATI SUBBA RAO

The

Executive

Committee

noted

that

the

complainant,

Sri

Kalluri

Adinarayana Rao appeared before E&MPC on 28.07.2009 and his statement is on record. The Executive Committee has further noted that the Ethical & Mal Practices Committee has made following observations/recommendations: (i) (ii) (iii) (iv) (v) (vi) There is no negligence on the part of the Respondent Dr.G.Subba Rao in treating the patient. After going through the record, it is evident that the respondent has referred the patient to higher centre. The death has not occurred in the Hospital of the Respondent. The Respondent is a qualified person. The Respondent has not preserved or prescribed spurious medicines; the report of the Drug Inspector in this regard makes it clear. The Respondent has got his nursing home registered under Clinical Establishment Act and as per the evidence produced by him in this regard, it is clear that the Respondent has not violated the guidelines issued by the State Government in G.O.Ms.No.135. The Executive Committee has also noted that in view of the above observations and in view of the fact that the Respondent has not indulged in any un-ethical act as alleged by the Complainant Sri Kalluri Adinarayana, the Ethical & Mal-Practices Committee concluded that the allegations made by the Complainant are not proved. The Executive Committee noted that the E&MPC recommended to the Executive Committee for necessary decision in this regard. The Executive Committee has gone through the following resolution of the E&MPC it is resolved that there is no negligence on the part of respondent Dr.Garikapati Subba Rao in treating the patient, Smt.Kalluri Subbayamma since the respondent is a qualified doctor and referred the patient to Higher Centre when it became necessary and death has also not occurred in his hospital. It is also resolved that the respondent did not indulge in any un-ethical act as he has not used any spurious medicines as per the certificate issued by Drug Inspector and his Nursing Home has got registered under the clinical establishment Act.

The Executive Committee after taking into consideration of the material placed before it and on perusal of the observations / recommendation of Ethical & Mal-Practices Committee and after detailed discussion has decided to approve the observations/recommendations of E&MPC. It is decided that there is no negligence on the part of respondent Dr.Subba Rao in treating the patient. It is also decided that the respondent has not indulged in any un-ethical act as he has not preserved or prescribed spurious medicines. It is also decided that the respondent has not violated the guidelines issued by the State Government in G.O.Ms.No.135. (ix) Case.No.20/2008: The Ethical & Mal-Practices Committee has resolved that the response from the complainant and the respondent be awaited. (x) Case.No.21/2008: The Ethical & Mal-Practices Committee has resolved that the telegraphic orders of the Honble High Court to stop further proceedings against Dr.V.Murali Mohan be noted. (xi) Case.No.02/2008: The Ethical & Mal-Practices Committee has resolved that the expert opinion of Paediatric Cardiologist Dr.Gowthami be awaited. (xii) Case.No.07/2008: The Ethical & Mal-Practices Committee has resolved that the expert opinion of three men expert committee be awaited. (xiii) Case.No.22/2008: The Ethical & Mal-Practices Committee resolved that the application of the complainant to supply certified copies of documents be deferred until the enquiry is completed treating the matter sub-judice. The E&MPC also resolved to refer the matter to a Senior Cardiologist and Prof. & HOD of Neurology Dept of OMC/GMC for their expert opinion in this regard. (xiv) Case.No.04/2009: The Ethical & Mal-Practices Committee resolved that the complainant be asked to find out he address of the respondent, Dr.T.Krishna to enable the Council to serve the Registered notice on him. It is also resolved to find other ways to serve the Registered Notice on the respondent. The Executive Committee also noted that in Case.No.15/2009, the Ethical & MalPractices Committee resolved that the matter be referred to the Standing Counsel so as to ascertain whether the Council is competent to take action against a doctor who was convicted by Honble High Court in the year 1999. The Executive Committee also noted that the E&MPC resolved that the complainants affidavit be awaited on the allegations made in Para-3 of the Regd.Notice, dt: 29.07.2009.

The Executive Committee also noted that in Case.No.16/2009, the E&MPC has resolved that Registered Notice be issued to the respondents, Dr.G.V.Jagadamba and M.Bharathi. The Executive Committee also noted that in Case.No.17/2009, the E&MPC has resolved that registered notice be issued to the respondent calling for his detailed explanation. The Executive Committee also noted that in Case.No.18/2009, the E&MPC has resolved that registered notice be issued to the respondents calling for their detailed explanation. The Executive Committee also noted that in Case.No.19/2009, the E&MPC has resolved that the Medical Superintendent, SVS Hospital, Mahaboobnagar be requested to furnish more details and relevant records. In this case it was also resolved to ascertain whether the respondent Dr.K.Sarala got her Permanent Registration in APMC or not. After taking into consideration of the observations/recommendations of the Ethical & Mal Practices Committee and the explanations given by the Secretary, it is decided to approve the observations/recommendations of the Ethical & Mal Practices Committee in Cases No.01/2009, 02/2009, 03/2009, 08/2009, 09/2009, Cases No.16/2008, 19/2008, 20/2008, 21/2008, 02/2008, 07/2008, 22/2008 and 04/2009. The Executive Committee also approved the decisions taken by the Ethical & MalPractices Committee to refer the matter to the Standing Counsel in Case.No.15/2009 and issuing notices to the respondents in Case.No.16/2009, 17/2009 and directing the Medical Superintendent, SVS Hospital, Mahaboobnagar to furnish more details and relevant records. Then the Executive Committee has taken up for consideration of the next item on the agenda i.e. to peruse the Financial Position of the Council as on 16.10.2009. The Members have gone through the details given in the statement and noted that the amount in TDRs/FDRs was Rs.4,29,75,000/- and the balance in S.B. Accounts of AB, SBI, SBI(CME A/c), SBH was Rs.34,10,330/- and the total amount in various Banks in city was Rs.4,63,85,330/- as on 16.10.2009. Then the Executive Committee has taken up for consideration of the next item on the agenda i.e. to consider the report of the Finance Committee dated: 15.10.2009.

The Members have gone through the report of the Finance Committee and the notes provided under this item. The members have noted that the Finance Committee have made the following recommendations: (1) Payment of sitting fee to the members attending to the meetings of the

Council/Committees: Sitting fee including Local T.A. for members coming from out station shall be enhanced to Rs.1,500/-. Sitting fee to the members of Hyderabad City and the Members coming from local areas shall be paid Rs.1,200/- including Local T.A. Accommodations charges for members coming from out station shall be paid Rs.800/apart from the sitting fee, with effect from 01.10.2009. (2) Sitting fee to the members of the Council for attending Internees Ethics Awareness Programmes: Sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/-. Sitting fee of Rs.1,200/- including Local T.A. be paid to the members of Hyderabad City and members of Local Areas. Accommodation charges for the Members coming from out station be paid Rs.800/- apart form sitting fee. Sitting fees and accommodation charges be paid on par with payment of fees to the members attending Council/Committee meetings and to the members of the Council for attending Gold Medal awarding functions with effect from 01.10.2009. (3) The Conveyance allowance to the staff of the Council be enhanced from Rs.750/- to Rs.1000/- w.e.f.01.10.2009. No enhancement of conveyance allowance shall be considered for the coming three years. The Conveyance Allowance of the Registrar of the Council be enhanced to Rs.5,000/- from Rs.3,000/- w.e.f.01.10.2009. (4) Introducing Challan System:- Challans system be introduced immediately towards payment of Registration Fee and other fee etc. paid to the Council. Challans System shall be introduced in Andhra Bank, Main Branch and then extended to other branches of Andhra Bank. (5) Memorandum of Understanding:- The Finance Committee after taking into consideration of the need for extending loan facilities to the employees through Banks subject to the terms of Loanee Bank and recommended to the Executive Committee accordingly. The Finance Committee approved the Memorandum of Understanding executed by Bank of Baroda, Hyderabad towards sanction of Housing Loans and other loans to the Staff of the Council.

(6)

The Finance Committee recommended that an amount of Rs.25.00 Lakhs be

deposited in Andhra Bank as the Bank has come forward to provide free service for accepting the Challans. (7) The Finance Committee recommended that Financial Assistance of Rs.25,000/- be made to the CME programmes sponsored by APMC in the District Head Quarters Hospital / Medical Colleges / Area Hospitals etc., with the participation of local IMA Branches and Medical Associations. The Finance Committee also resolved that a booklet covering the Act and Functions of APMC and IMC Regulations, 2002 and 2004 relating to Medical Ethics be distributed. (8) The Finance Committee with the permission of the Chairman has considered to appoint Smt.L.Madhavi Latha, Asst. on regular pay scale attached to the post of Junior Assistant and resolved that Smt.L.Madhavi Latha be on regular pay scale attached to the post of Junior Assistant w.e.f.01.10.2009. The Executive Committee after taking into consideration of the report of the Finance Committee, the explanations submitted by the Secretary and after detailed discussion has decided that: (1) The Executive Committee approved the recommendation of the Finance Committee

to enhance the sitting fee to the members for attending Council/Committee Meetings and decided that the sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/-. It is also decided that sitting fee to the members of Hyderabad City and members from local areas shall be paid Rs.1,200/- including Local T.A. It is also decided that accommodation charges for members coming from out station shall be paid Rs.800/- apart from sitting fee. (2) The Executive Committee approved the recommendation of the Finance Committee to enhance the sitting fee to the members of Council for attending Internees Ethics awareness programmes conducted in various Medical Colleges in the State and decided that the sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/-. It is also decided that accommodation charges for members coming from out station shall be paid Rs.800/- apart from the sitting fee. It is also decided that sitting fee to the members from Hyderabad City and members of local area shall be Rs.1,200/- including Local T.A. It is also decided that sitting fee and accommodation charges shall be paid to the members of the Council for attending Gold Medal awarding functions on par with the payment of fees to the members attending Council/Committee meetings.

In this regard the Executive Committee has taken into consideration of the request made by Dr.Cipai Subrahmanyam to consider payment of flight charges for out station members. After detailed discussion, the Executive Committee directed the Secretary to obtain T.A. Rules followed by NTR University of Health Sciences and other Government Sectors and the necessary details and furnish the same to the Executive Committee in its next meeting. It is also decided to direct the Secretary to address letters to the Principals of Government Medical College with regard to the conduction of Internees Ethics Awareness Programme. It is also directed to write specifically that the Gold Medal should be given to the student by the member of A.P.Medical Council only. (3) With regard to the recommendation of the Finance Committee for enhancement of conveyance allowance to the staff of the Council and the Registrar, the Executive Committee after detailed discussion has decided that the conveyance allowance to the staff of the Council shall be enhance from Rs.750/- to Rs.1,000/- per month w.e.f.01.10.2009. It is also decided that conveyance allowance of the Registrar of the Council shall be enhanced from Rs.3,000/- to Rs.5,000/- per month w.e.f.01.10.2009. It is also decided that next enhancement of the conveyance allowance to the staff members shall not be considered for the coming three years. (4) With regard to the recommendation of the Finance Committee to introduce Challan System towards payment of registration fee and other fee etc. to the Council, the Executive Committee decided that the Challans system shall be introduced immediately towards registration fee and other fee etc., to the Council. It is decided that the Challan system shall be introduced first in Andhra Bank, Main Branch, Koti, Hyderabad and then extended to other branches in the city. It is also decided that Challan system shall be extended to other branches of Andhra Bank in the State in a phased manner. It is further decided to request the bank to supply Challan forms free of cost as per the proforma approved in this regard. (5) With regard to the recommendation of the Finance Committee on Memorandum of Understanding executed by Bank of Baroda, Hyderabad towards sanction of Housing Loans and other Loans to the Staff of the Council, the Executive Committee after detailed discussion has decided that the Memorandum of Understanding executed by the Bank of Baroda, Hyderabad shall be approved. With regard to the proposal for giving commitment

to the bank for recovery of Loan Installment from the salary of the Loanee Employee in the case of default, it is decided to obtain the opinion of the Sanding Counsel of APMC and the Auditors of the Council. (6) With regard to the recommendation of the Finance Committee to deposit an amount of Rs.25.00 Lakhs in Andhra Bank in view of extending free service of Challan System, it is decided to deposit the amount as per the sanction accorded by the Chairman. (7) With regard to the recommendation of CME Committee for sanction of financial assistance of Rs.25,000/- for conducting CME programme on behalf of APMC in the District Head Quarters Hospital/Medical Colleges/Area Hospitals, the Executive Committee after detailed discussion has decided to include the bigger branches of IMA in conducting CME programmes and also the State IMA. It is also decided to work out the guidelines for district CME programmes. It is decided to constitute a Committee to workout the guidelines for conduction of CME Programmes at District levels with (i) Dr.Balbeersingh Yadav, Chairman, APMC (ii) Dr.E.Ravinder Reddy, Member, Executive Committee (iii) Dr.S.Jagan Mohan Rao, Nominated member of CME Committee. It is also decided that Financial Assistance of Rs.25,000/- shall be made to the CME Programmes sponsored by APMC in the District Head Quarters Hospitals/Medical Colleges/Area Hospitals etc., with the participation of State IMA and Local IMA Branches and Medical Associations. It is also decided that a booklet covering the Act and Functions of APMC and IMC Regulations, 2002/2004 relating to Medical Ethics shall be distributed. (8) With regard to the appointment of Smt.L.Madhavi Latha, Asst. on regular pay scale attached to the post of Junior Assistant, the Executive Committee after taking into consideration of the recommendation of the Finance Committee and after detailed discussion, decided that Smt.L.Madhavi Latha be appointed on regular pay scale attached to the post of Junior Assistant w.e.f.01.10.2009. It is also decided to direct the Secretary to obtain the opinion of Standing Counsel with regard to the creating of post as per the exigencies of work and rule position. Then the Executive Committee has taken up for consideration of the next item of the agenda i.e. to peruse the order of Honble High Court dt:18.09.2009 in W.P.No.1711/2009. The Members have gone through the notes provided under this item and noted that the Honble High Court on 18.09.2009 directed the Special Judge on SC/ST Cases, Nellore to cause an inspection and submit a report. The Executive Committee noted that the matter has come up for consideration of Honble High Court on 14.10.2009 and

the Special Judge has requested for grant of 10 days time to submit his report. It is decided to wait for further orders of the Honble High Court. Then the Executive Committee has taken up for consideration of any other item with the permission of the Chairman. With the permission of the Chairman, the Secretary has presented the decisions of the Ethical & Mal-Practices Committee in its meeting held at 09.00 AM on 22.10.2009. Then the Executive Committee has taken up for consideration of the decisions taken by the Ethical & Mal-Practices Committee in its meeting held on 22.10.2009. The Executive Committee noted that in (A) Case.No.01/2009 Complaint made by Sri K.Prasad against Dr.Srinivas Bathini Ongole, the Ethical & Mal-Practices Committee resolved that the absence of the complainant Sri K.Prasad inspite of three notices be noted. It is also resolved that the respondent Dr.Bathini Srinivas be warned for not maintaining proper records (case sheet) and non-submission of records to APMC inspite of insistence. It is further resolved that the respondent be warned for displaying the degree which he has not yet completed. It is also resolved that the respondent be warned not to repeat such things in future. (B) The Executive Committee noted that in Case.No.02/2009, the E&MPC has resolved that the representation of Counsel for the respondent be considered and the matter be deferred for the next meeting of E&MPC. (C ) (D) The Executive Committee noted that in Case.No.15/2009, the E&MPC has resolved The Executive Committee has noted that in Case.No.03/2009, the complaint made that the statements of complainant and respondent be on record. by Md.Reyaz against Dr.Sameer Diwale and Dr.K.Satyanarayana of Kamineni Hospitals, L.B.Nagar, Hyderabad, the Ethical & Mal-Practices Committee has resolved that the Additional Affidavit filed by Dr.Sameer Diwale wherein he has furnished a copy of the expert opinion given by Dr.B.T.Prasada Rao, Prof. & HOD, CT Surgery, GMC to the Honble President, District Consumer Forum, R.R.District that when the serious medical problem i.e. encephalopathy which is not within the realm of Cardiac Surgery is identified, shifting the patient to Paediatric ICU constitute ideal and optimal patient care be noted. The E&MPC also resolved that there is no professional negligence on the part of respondent doctors, Dr.Sameer Diwale and Dr.K.Satyanarayana. It is also resolved that there is no negligence on the part of treating doctors; nor monitoring aspects and post sequel is

because of the consequent infection which is not connected with the surgery. Further it is resolved that the managements of Wockhardt Heart Hospital and Kamineni Hospitals be advised for consideration of refund of 50% of the bill amount which was borne by the complainant on humanitarian grounds and taking into consideration of the poor economical condition of the complainant and in view of the fact that the patient was admitted under Government Scheme of A.P. CARDIAC SCREENING CHILDREN BELOW 12 YEARS. (E) The Executive Committee has noted that in Case.No.08/2009, the complaint made by Sri Kotla Raju against Dr.Indira, Dr.Shashi Bhushan, Dr.Umapathi & Dr.Ganesh of SVS Hospital, Mahaboobnagar, the Ethical & Mal-Practices Committee has resolved that there is definite negligence on the part of DMO and Anesthesiologist on duty and also vicarious responsibility on the Professor of Medicine and Professor of Anesthesiology while discharging their duties. It is resolved to address the Hospital Authorities to ascertain the doctors who are on duty on 31.05.2009 treated the patient Sri Kotla Sri Rama Chandrudu. It is resolved for the placing the matter before the General Body for indicating appropriate punishment against erring doctors. (F) The Executive Committee has noted that in Case.No.20/2008, the complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, Visakhapatnam, the Ethical & MalPractices Committee has resolved that the complaint made by L.Suvarna be closed as there is no further complaint from the complainant regarding this case even after this office Registered letter No.APMC/DC/015/Case No.20/2008 Dated 02-09-2009. (G) The Executive Committee has noted that in Case No.21/2008, i.e. the Complaint made by Dr.B.Ramachandraiah against Dr.P.Chandra Sekhar and others, the E&MPC has resolved that the legal opinion given by the Standing Counsel of APMC be noted. It is further resolved that the matter be kept in abeyance in respect of proceedings initiated against Dr.V.Murali Mohan Rao until final disposal of W.P.No.18733/2009 by the Honble High Court. It is also resolved that summons be issued to other respondent directing her to appear before the E & MPC. (H) The Executive Committee has noted that in Case No.16/2009, i.e. the Complaint made against Dr.M.Bharathi and another, the Ethical & Mal Practices Committee resolved that the Respondents do not fall within the jurisdiction of A.P.Medical Council as they are non-medical forensic expert. It is also resolved that the complainant be addressed so that he may represent the matter before the concerned authorities for redressal of his grievance.

(I)

The Executive Committee noted that under any other item with the permission of

the Chairman, the E & MPC has considered the complaint received against Dr.G.Venugopal Reddy and another, it has been resolved that foreign qualifications like MD-Physician etc. be mentioned as MBBS since MCI is conducting screening test for foreign medical graduates after obtaining their primary medical qualification. It has been further resolved that MCI be addressed to consider this aspect which will remove the confusion among the members of medical fraternity as well as general public. It has also been resolved that Dr.G.Venugopal Reddy and Dr.Sashikanth Reddy be issued notices to furnish their explanation on the allegations made by IMA Jagtial Branch through their complaint dated 13-10-2009 addressed to the Honble Health Minister, Government of Andhra Pradesh. After taking into consideration of the observations/recommendations of the Ethical & Mal Practices Committee and the explanations given by the Secretary, the Executive Committee has decided that: (A) In case No.01/2009, i.e. the Complaint made by Sri K.Prasad against Dr. Bathini Srinivas, the observations/recommendations of the Ethical & Mal Practices Committee be approved in toto. It is decided that the respondent Dr.Bathini Srinivas be warned for not maintaining proper records(case sheet)and for non submission of records to A.P.Medical Council inspite of insistence for the submission of the same. The respondent also be warned for displaying the degree which he has not yet completed. It is decided that other part of the recommendation of the E & MPC that the respondent shall also be warned not to repeat such things in future shall be omitted. (B) In Case No.02/2009, the Executive Committee decided that the observation of the E & MPC be approved. (C) In Case No.15/2009, the Executive Committee decided that the action taken By E&MPC as suggested by the Standing Counsel for issuing separate notice to the Respondent as to his conviction by Honble High Court in the year 1999 be approved. (D) In Case No.03/2009, the Complaint made by Md. Reyaz against Dr.Sameer Diwale and Dr.K.Satyanarayana of Kamineni Hospitals, Hyderabad, the Executive Committee approved the observations/recommendations of the Ethical & Mal-Practices Committee. It is decided that the expert opinion of Dr.B.T.Prasada Rao, Professor & HOD, C.T.Surgery, GMC given to the President, Dist. Consumer Forum, R.R.Dist. that when the serious medical problem, i.e. encepilopathy which is not within the realm of Cardiac Surgery is identified, shifting the patient to Pediatric ICU constitute ideal and optimal patient care be

taken into consideration. It is also decided that there is no professional negligence on the part of Respondent doctors, Dr.Sameer Diwale and Dr.K.Satyanarayana; non-monitoring aspect and the post sequel is because of the consequent infection which is not connected with the surgery. With regard to the other suggestion of the Ethical & Mal Practices Committee that the managements of Wockhardt Heart Hospital & Kamineni Hospitals be advised for consideration of refund of 50 % of the Bill amount which was borne by the complainant on humanitarian grounds and taking into consideration of the poor economical condition of the complainant and in view of the fact that the patient was admitted under Government scheme of A.P.Cardiac screening children below 12 years, the Executive Committee decided that the same shall be omitted. (E) Case No.08/2009, the Complaint made by Sri Kotla Raju against Dr.Indira and others of S.V.S. Medical College Hospital, the Executive Committee while approving the observations of the Ethical & Mal Practices Committee decided to refer back the case to the Ethical & Mal Practices Committee for its specific recommendation as to the punishment to be given to the Respondents. (F) In case No.20/2008, i.e., the Complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, it is decided to approve the recommendation of the E & MPC that the complaint be closed as there is no further complaint from the complainant inspite of registered letter addressed to her. (G) In Case No.21/2008, i.e., the complaint made Dr.B.Ramachandraiah against Dr.P.Chandrasekhar and others, it is decided to approve the recommendation of the E & MPC to issue summons to the other respondent. After detailed discussion and taking into consideration of the material placed before it , the Executive Committee passed the following resolutions unanimously. 1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE HELD ON 27-08-2009. It is resolved that the minutes of the previous meeting of the Executive Committee held on 27-08-2009 be confirmed. 2. TO PERUSE THE ACTION TAKEN REPORT ON THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE. It is resolved that the Action Taken Report on the minutes of previous meeting of the Executive Committee be approved.

3. TO PERUSE THE STATISTICS RELATING TO REGISTRATIONS DONE DURING THE PERIOD OF 21-08-2009 - 16-10-2009 The statistics relating to the registrations done during the period from 21-08-2009 to 16-10-2009 be noted. 4. (A) TO CONSIDER THE MINUTES OF THE ETHICAL & MAL-PRACTICES COMMITTEE DATED 08-09-2009. It is resolved that the observations /recommendations of the Ethical & Mal-Practices Committee dated 08-09-2009 be approved subject to modifications. (B) (i) In Case No.01/2009,it is resolved that the decision of E & MPC directing the complainant, Sri K.Prasad to appear before the Committee be approved. (ii) (iii) In Case No.02/2009,it is resolved that the decision of E & MPC to issue fresh summons to the Respondent, Dr.P.B.Arnold directing him to appear before the Committee be approved. In Case No.03/2009, it is resolved that the statements of the Complainant and the Respondents be on record. It is further resolved that the decision of the E&MPC for taking necessary action in the next meeting after going through the entire record be approved. (iv) In Case No.08/2009, it is resolved that the statements of the Complainant and the Respondents be on record. It is further resolved that the decision of the E&MPC for taking necessary action in the next meeting after going through the entire record be approved. (v) In case No.09/2009, it is resolved that the Statement of the Complainant and the Counsel for the Respondent be on record. It is also resolved that the decision of the E & MPC for issuing Summons to the Respondent to appear before the Committee in the next meeting be approved. (vi) In Case No.16/2008, it is resolved that the statement of the Complainant and Respondents representative be on record. It is further resolved that the decision of the E & MPC to give one more opportunity to the Complainant to appear before the Committee along with her Counsel and to furnish relevant documents be approved. (vii) In Case No.19/2008, it is resolved that the Telegraphic / Fax Message of the Complainants husband be noted. It is also resolved that the decision of E & MPC to give another opportunity to the Complainant to appear before the Committee be approved. (viii) In Case No.17/2008, it is resolved that there is no negligence on the part of Respondent, Dr.Garikapati Subba Rao in treating the patient, Smt. Kalluri Subbayamma since the respondent is a qualified doctor and referred the patient to higher centre when it became necessary and death was also not occurred in the Hospital of the Respondent. It is also resolved that the Respondent did not indulge in any un-ethical act as he has not used any

spurious medicines as per the certificate issued by the Drugs Inspector and his Nursing home has got registered under the Clinical Establishment Act. (ix) In Case No.20/2008, it is resolved that the decision of E&MPC to wait for the response from the complainant be approved. It is also resolved that the decision of E&MPC to close the case if there will be no complaint from the complainant Ms.L.Suvarna be approved. It is further resolved that the decision of E&MPC that further action will be initiated if any complaint is received from the complainant be approved. (x) In Case No.21/2008, it is resolved that the telegraphic orders of the Honble High Court to stop further proceedings against Dr.V.Murali Mohan be noted. It is also resolved that the decision of the E & MPC to send copy of entire file to the Standing Counsel of APMC to ascertain whether the Council can initiate action against doctors in such cases be approved. It is further resolved that the decision of the E & MPC to request the Standing Counsel to attend the next meeting of the Committee to assist the Committee to come to appropriate conclusion in the matter be approved. (xi) (xii) (xiii) In Case No.02/2008, it is resolved that the Expert opinion of the Paed. Cardiologist, Dr.Gowthami be awaited. In Case No.07/2008, it is resolved that the Expert opinion of the Three-man expert Committee be awaited. In Case No.22/2008, it is resolved that the decision of E & MPC deferring the request of the Complainant to supply certified copies of documents until the enquiry is completed be approved. (xiv) In Case.No.04/2009, it is resolved that the decision of E&MPC to ask the complainant to find out the address of the respondent Dr.T.Krishna to enable the Council to serve the Registered Notice on him be approved. It is also resolved that the decision of E&MPC to find out other ways to serve the Register Notice (xv) (a) In Case.No.15/2009, it is resolved that the decision of E&MPC that the matter be referred to the Standing Counsel so as to ascertain whether the Council is competent to take action against a doctor who was convicted by the Honble High Court in the year 1999 be approved. It is also resolved that the E&MPC decision to wait for the complainants affidavit on the allegations made in Para-3 of the Registered Notice dt:29.07.2009 be approved. (b) In Case.No.16/2009, it is resolved that the decision of E&MPC to issue registered notices to the respondents Dr.G.V.Jagadambha and M.Bharathi calling for their detailed explanation be approved.

(c ) In Case.No.17/2009, it is resolved that the decision of E&MPC to issue registered notice to the respondent Dr.Surender Reddy on the complaint made by Smt.A.Saraswathi be approved. (d) In Case.No.18/2009, it is resolved that the decision of E&MPC to issue registered notices to Dr.Kiran and Dr.Samit Sekhar calling for detailed explanation on the complaint made by Jaret Sacrey be approved. (e) In Case.No.19/2009, it is resolved that the decision of E&MPC to request the Medical Superintendent, SVS Hospital, Mahaboobnagar to furnish more details and relevant records be approved. It is also resolved that the decision of E&MPC to ascertain whether the respondent, Dr.K.Sarala got her Permanent Registration in APMC or not be approved. 5. 6. TO PERUSE THE FINANCIAL POSITION OF THE COUNCIL AS ON 16-10-2009. It is resolved that the Financial Position of the Council as on 16.10.2009 be noted. TO CONSIDER THE REPORT OF THE FINANCE COMMITTEE DT: 15.09.2009. (A) It is resolved that the report of the Finance Committee dt: 15.09.2009 be approved. (B) (i) It is resolved that the sitting fee including Local T.A. for the Members coming from out station be enhanced to Rs.1,500/- and accommodation charges of Rs.800/- be paid apart from sitting fee. It is also resolved that the sitting fee to the members of Hyderabad City and Members from local areas be paid Rs.1,200/- including Local T.A.. It is further resolved that the request of Dr.Cipai Subrahmanyam for payment of Flight Charges towards T.A. for outstation members be examined. It is resolved to direct the Secretary to obtain T.A. Rules and other details that are followed by NTR University of Health Sciences and other Government Sectors to furnish the same to the Executive Committee in the next meeting. It is also resolved that normally Gold Medal to be given at Internees Ethics Awareness Programme. (ii) It is resolved that the sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/- for the Members of the Council for attending Internees Ethics Awareness Programmes conducted in various Medical Colleges in the State. It is also resolved that accommodation charges of Rs.800/- be paid to them apart from sitting fee. It is further resolved that sitting fee of Rs.1,200/- including Local T.A. be paid to the Members of Hyderabad City and the Members of Local Area. It is also resolved that sitting fee and accommodation charges be paid to the Members of the Council for attending Gold Medal Awarding Functions on par with payment of fee for attending Council/Committee meetings. It is resolved to direct the Secretary to address letters to the Principals of the Government Medical Colleges regarding conduction of Internees Ethics Awareness Programmes. It is further resolved to write specifically that Gold Medal should be given to

the student by the Member of the Council only. It is also resolved that generally Gold Medal be given at Internees Ethics Awareness Programme. (iii) It is resolved that the Conveyance Allowance to the Staff of the Council be enhanced from Rs.750/- to Rs.1,000/- per month w.e.f.01.10.2009. It is also resolved that the conveyance allowance of the Registrar of the Council shall be enhanced from Rs.3,000/- to Rs.5,000/- per month w.e.f.01.10.2009. It is also resolved that next enhancement of conveyance allowance to the staff members shall not be considered for the coming three years. (iv) It is resolved that the Challans System be introduced immediately towards payment of Registration Fee and other Fee etc., to the Council. It is also resolved that the Challan System shall be introduced first in Andhra Bank, Main Branch and then extended to other branches in Twin Cities. It is also resolved that the Challan System be extended to other branches of Andhra Bank in the State in a phased manner. It is further resolved that the Bank be requested to supply Challan Forms free of cost as per the proforma approved in this regard. (v) It is resolved that the Memorandum of Understanding executed by Bank of Baroda, Hyderabad be approved. It is further resolved to obtain the opinion of the Standing Counsel of APMC and Auditors of the Council as to giving commitment of recovery of loan installment from the salary of Loanee Employee in case of default in the payment. (vi) (vii) It is resolved that bigger branches of IMA and also the State IMA be included for It is also resolved that the guidelines for District CME Programmes be worked out. It conducting CME Programmes. is further resolved that a Committee be constituted with (i) Dr.Balbeer Singh Yadav, Chairman, APMC, (ii) Dr.E.Ravinder Reddy, Member Executive Committee, (iii) Dr.S.Jagan Mohan Rao, Nominated Member of CME Committee to work out the guidelines for conducting CME Programmes at District Levels. It is also resolved that Financial Assistance of Rs.25,000/- be made to the CME Programmes sponsored by APMC in the District Head Quarters Hospitals/ Medical Colleges / Area Hospitals etc. with participation of State IMA and Local IMA Branches and various medical associations. It is further resolved that a booklet covering the Act and functions of APMC and IMC Regulations, 2002 / 2004 relating to Medical Ethics be distributed. (viii) It is resolved that Smt.L.Madhavi Latha be appointed on regular pay scale attached to the post of Junior Assistant w.e.f.01.10.2009, subject to obtaining the opinion of the Standing Counsel. It is also resolved that the opinion of the Standing Counsel be obtained with regard to creating a post as per exigencies of work and rule position.

7.

TO PERUSE THE ORDER OF HONBLE HIGH COURT DT: 18.09.2009 IN W.P.NO.1711/2009. It is resolved that the Order of Honble High Court dt:18.09.2009 be noted. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE (A) It is resolved that the decisions of Ethical & Mal-Practices Committee dt:22.10.2009 (09.00 AM) be approved subject to modifications. (B) (i) In Case.No.01/2009 Complaint made by Sri K.Prasad against Dr.Srinivas Bathini Ongole, it is resolved that the absence of the complainant Sri K.Prasad inspite of three notices be noted. It is also resolved that the respondent Dr.Bathini Srinivas be warned for not maintaining proper records (case sheet) and non-submission of records to APMC inspite of insistence. It is further resolved that the respondent be warned for displaying the degree which he has not yet completed.

8.

CHAIRMAN.

(ii) (iii) (iv)

In Case.No.02/2009, it is resolved that the representation of Counsel for the respondent be considered and the matter be deferred for the next meeting of E&MPC. In Case.No.15/2009, it is resolved that the statements of complainant and respondent be on record.

In Case.No.03/2009, i.e. the complaint made by Md.Reyaz against Dr.Sameer Diwale and
Dr.K.Satyanarayana of Kamineni Hospitals, L.B.Nagar, Hyderabad, it is resolved that the expert opinion given by Dr.B.T.Prasada Rao, Prof. & HOD, CT Surgery, GMC to the Honble President, District Consumer Forum, R.R.District that when the serious medical problem i.e. encephalopathy which is not within the realm of Cardiac Surgery is identified, shifting the patient to Paediatric ICU constitute ideal and optimal patient care be noted. It is also resolved that there is no professional negligence on the part of respondent doctors, Dr.Sameer Diwale and Dr.K.Satyanarayana. It is also resolved that there is no negligence on the part of treating doctors; non monitoring aspects and post sequel is because of the consequent infection which is not connected with the surgery.

(v)

It is resolved that in Case.No.08/2009, i.e. the complaint made by Sri Kotla Raju against Dr.Indira, Dr.Shashi Bhushan, Dr.Umapathi & Dr.Ganesh of SVS Hospital, Mahaboobnagar, it is resolved that there is definite negligence on the part of DMO and Anesthesiologist on duty and also vicarious responsibility on the Professor of Medicine and Professor of Anesthesiology while discharging their duties. It is resolved to address the Hospital Authorities to ascertain the doctors who are on duty on 31.05.2009 treated the patient Sri Kotla Sri Rama Chandrudu. It is resolved that the case be referred back to the

Ethical & Mal-Practices Committee for its specific recommendation as to the punishment to be given to the erring doctors. (vi) In Case.No.20/2008,i.e. the complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, Visakhapatnam, it is resolved that the complaint made by L.Suvarna be closed as there is no further complaint from the complainant regarding this case even after this office Registered letter No.APMC/DC/015/Case No.20/2008 Dated 02-09-2009. (vii) In Case No.21/2008, i.e. the Complaint made by Dr.B.Ramachandraiah against Dr.P.Chandra Sekhar and others, it is resolved that the legal opinion given by the Standing Counsel of APMC be noted. It is further resolved that the matter be kept in abeyance in respect of proceedings initiated against Dr.V.Murali Mohan Rao until final disposal of WP No.18733/2009 by the Honble High Court. It is further resolved that the decision of E&MPC to issue summons to the other respondent directing her to appear before the E & MPC be approved. (viii) In Case No.16/2009, i.e. the Complaint made against Dr.M.Bharathi and another, it is resolved that the Respondents do not fall within the jurisdiction of A.P.Medical Council as they are non-medical forensic expert. It is also resolved that the decision of E&MPC that the complainant be addressed so that he may represent the matter before the concerned authorities for redressal of his grievance be approved. (ix) It is resolved that the decision of the E&MPC that foreign qualifications like MD-Physician etc. be mentioned as MBBS since MCI is conducting screening test for foreign medical graduates after obtaining their primary medical qualification be approved. It is also resolved that MCI be addressed to consider this aspect which will remove the confusion among the members of medical fraternity as well as general public. It is also resolved that the decision of E&MPC to issue notices to Dr.G.Venugopal Reddy and Dr.Sashikanth Reddy be approved. The meeting concluded with vote of thanks to the Chair.

REGISTRAR APMC

Sd/-CHAIRMAN APMC

ANDHRA PRADESH MEDICAL COUNCIL: HYDERABAD-500 095

MINUTES OF MEETING OF THE EXECUTIVE COMMITTEE MEETING HELD ON 26.11.2009

AT 03.00 P.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD

The Executive Committee meeting of the APMC was held on 26-11-2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. 2. 3. 4. Dr.Balbeer Singh Yadav Dr.K.L.Sampath Kumar Dr.E.Ravinder Reddy Sri K.Satyanarana Murty Chairman Vice-Chairman Member Secretary

The meeting of the Executive Committee was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman granted leave of absence to Dr.Nagalla Kishore and Dr.Cipai Subrahmanyam as they have expressed their inability to attend the meeting. The Chairman welcomed the members of Executive Committee. The Chairman directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the Minutes of the Executive Committee dated:22-10-2009 and others have been made available to all the members of the Executive Committee. The Executive Committee has first considered the Minutes of previous meeting of the Executive Committee held on 22-10-2009 and the action taken report on the previous minutes. The members have gone through the notes provided under this item. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the Executive Committee held on 22-10-2009. Then the Executive Committee has perused the statistics pertaining to the Registrations done during the period of 17-10-2009 21-11-2009. The Executive Committee noted that the Permanent Registrations done were-385, Duplicate of Permanent Registration done-Nil, Provisional Registration-687, Re-validation of Provisional Registration-21, Duplicate of Provisional Registration-1,

Registration of Additional Qualification-134, Change of Name-4, No Objection Certificates22, State Good Standing Certificates-24, Applications forwarded to MCI for issuing Good Standing Certificates-12, CT Forms/Verification Forms Issued-2, Temporary Permission for Foreign Visiting Doctors-8, Identity Cards issued were-403. Then the Executive Committee has taken up for consideration of the next item on the agenda, report of the Ethical & Mal-Practices Committee, Dated 22-11-2009. The Executive Committee noted that the Ethical & Mal-Practices Committee has met on 22.11.2009. After going through the notes provided under this item and the details given by the Secretary that Ethical & Mal-Practices Committee has not made its observations/recommendations but it has recorded statements of the parties in some cases, it is decided that this item may be taken for consideration in the next meeting of the Executive Committee for necessary decisions. In this context, the Secretary brought to the notice of the Members that in pursuance of the decision taken by the Ethical & MalPractices Committee in its meeting held on 22.10.2009 and subsequent approval of the Executive Committee, registered notices have been issued to Dr.G.Venugopal Reddy and Dr.G.Sashikanth Reddy directing them to submit their explanation on the allegations made against them by the IMA, Jagtial Branch. The Secretary also explained the members that the E&MPC in its meeting held on 22.11.2009 has decided to issue summons to these respondents to appear before the E&MPC in its next meeting to be held in the last week of December, 2009. In this context, it has been decided that the qualifications of Foreign Medical Graduates, like MD (Physician) be mentioned in the Registration Certificates as MDPhysician (Equalant to MBBS) - . University in order to remove confusion among the members of Medical Fraternity and also the common public. It is also decided that the matter be placed before the General Body in the meeting to be held on 04.12.2009. It is also decided to place this matter before the General Body in its next meeting to be held on 04.12.2009 for necessary decision. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to peruse the Financial Position of the Council as on 21.11.2009. The Executive Committee noted that the amount in fixed deposits in various banks was Rs.4,29,75,000/-, the amount in SB Account of Andhra Bank was Rs.42,12,594/- and an amount of Rs.7,20,349/- in AB Accounts of SBI & SBH, thus

the total amount in Banks was Rs.4,79,07,928-00. The Secretary has informed that the amount available in SB account, Andhra Bank is about Rs.47,12,594/- and a statement is filed. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to peruse the present stage of W.P.No.1711/2009 before Honble High Court. The Executive Committee has gone through the notes provided under this item and the details provided by the Secretary. The Executive Committee noted that the report of the Special Judge for SC/ST Cases, Nellore was placed before the Honble High Court and the matter has been adjourned for further hearing and the Writ Petition has not reached. With regard to the Writ Petition pending before the Division Bench of Honble High Court, the Executive Committee has decided to take up this item as and when the Honble High Court passes its orders in this regard. In this context, the Vice Chairman brought to the notice of the Executive Committee that the Delhi Medical Council Act seems to be latest one in the County and under this Act, the Delhi Medical Council has more powers to exercise in order to curb quackery and un-authorized practice of modern medicine by the practitioners of other systems of medicine. After detailed discussion, it has been decided to go through the Delhi Medical Council Act and the Rules made under the Act available on Delhi Medical Council Website and place the matter before the Executive Committee in its next meeting. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to ratify the action of the Chairman, APMC in sanctioning additional D.A. to the staff of the Council as per G.O. Ms.No.265, Dated:26-10-2009, Finance (PC-I) Department. The Executive Committee has gone through the notes provided under this item and noted that the Government of Andhra Pradesh have issued orders revising the rate of Dearness Allowance to the employees of State Government from 51.810% to 60.288% w.e.f.1st July, 2009 vide G.O.Ms.No.265, dt:26.10.2009. The Executive Committee has also noted that the matter has been placed before the Chairman, Finance Committee and as per the recommendation

made by him, the Chairman, APMC has accorded sanction for the revision of D.A. from 51.810% to 60.288% w.e.f. 01.07.2009 and for payment of arrears from that date. After detailed discussion, it has been decided to ratify the action of the Chairman, APMC in sanctioning the revised D.A. on par with the employees of State Government w.e.f. 01.07.2009 and for payment of arrears from that date. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to consider Regularization of the services of Sri G.Anil Kumar, Junior Assistant. The Members have gone through the notes provided under this item and noted that Sri G.Anil Kumar, Junior Assistant was appointed on 30.04.2008 on temporary basis and consequent on retirement of one of the Junior Assistants on 31.07.2008, he was appointed on regular pay scale attached to the post of Junior Assistant w.e.f.01.08.2008. The Members also noted that since then, he has completed one year service satisfactorily on 31.07.2009. The Members also noted the details provided by the Secretary, APMC that hitherto the services of employees of APMC had been regularized after their completion of one year satisfactory service. Taking into consideration of the details provided by the Secretary and after detailed discussion, it has been decided to regularize the services of Sri G.Anil Kumar, Junior Assistant from the date of his appointment i.e. w.e.f. 01-08-2008. It has also been decided that Probation of Sri G.Anil Kumar, Junior Assistant be declared w.e.f. 0108-2009 as he completed one year satisfactory service on 31.07.2009. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to consider Regularization of the services of Sri V.Suresh, Office subordinate. The Members have gone through the notes provided under this item and noted that Sri V.Suresh, Office subordinate was appointed on 30.04.2008 on temporary basis and subsequently, as per sanction accorded by the Executive Committee, he was appointed on regular pay scale attached to the post of Office Subordinate in the existing vacancy of Office Subordinate/Driver to the Registrar w.e.f. 01.08.2008. The Members also noted that since then, he has completed one year service satisfactorily on 31.07.2009. The Members also noted the details provided by the Secretary, APMC that hitherto the services of all the employees of the Council had been regularized on completion of one year satisfactory service. Taking into consideration of the details provided by the Secretary and after detailed

discussion, it has been decided to regularize the services of Sri V.Suresh, Office subordinate from the date of his appointment i.e. w.e.f.:01-08-2008. It has also been decided that Probation of Sri V.Suresh, Office subordinate be declared w.e.f. 01-08-2009 as he completed one year satisfactory service on 31.07.2009. Then the Executive Committee has taken up for consideration of the next item on the agenda, i.e. to consider any other item with the permission of the Chairman. The Secretary requested the Members to raise any other item with the permission of the Chairman. Members have noted that there is urgent need for incorporating amendments to the A.P.Medical Practitioners Registration Act and the Rules made thereunder together with making regulations as are required under the Act. The Secretary explained that the work pertaining to incorporating amendments to the A.P.Medical Practitioners Registration Act and the Rules made thereunder together with making regulations is under consideration and the Standing Counsel and that he has been in touch in this regard. After going through the material placed before it and after detailed discussion, the Executive Committee has passed the following resolutions unanimously. 4. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE HELD ON 22-10-2009. It is resolved that the minutes of the previous meeting of the Executive Committee held on 22.10.2009 be confirmed.

5. TO PERUSE THE ACTION TAKEN REPORT ON THE MINUTES OF PREVIOUS MEETING OF THE EXECUTIVE COMMITTEE. It is resolved that the action taken report on the minutes of previous meeting be approved. 6. TO PERUSE THE STATISTICS RELATING TO REGISTRATIONS DONE DURING THE PERIOD OF 17-10-2009 - 21-11-2009. It is resolved that the statistics relating to the registrations done during the period from 17.10.2009 to 21.11.2009.

7. TO CONSIDER THE DECISIONS OF ETHICAL & MAL-PRACTICES COMMITTEE DATED: 22-11-2009. It is resolved that the minutes of the Ethical & Mal-Practices Committee for the meeting held on 22.11.2009 be taken up for consideration in the next meting of the Executive Committee. It is also resolved that the qualification MD (Physician be mentioned in the registration certificate as MD-Physician (Equivalent to MBBS) ____ University in order to remove confusion among the members of Medical Fraternity and also the common public. It is also resolved that the matter be placed before the General Body in the meeting to be held on 04.12.2009. 8. TO PERUSE THE FINANCIAL POSITION OF THE COUNCIL AS ON 21-112009. It is resolved that the Financial Position of the Council as on 21.11.2009 be noted. 6. TO PERUSE THE PRESENT STAGE OF W.P.NO.1711/2009 BEFORE THE HONBLE HIGH COURT. (i) It is resolved that the matter be taken up for consideration as and when

Honble High Court passes necessary orders. (ii) It is also resolved that the information available on Delhi Medical Council

Web-site be downloaded so as to know the powers of the Delhi Medical Council under its Act, Rules and Regulations in the matters of practice of Modern Medicine by Quacks and other unauthorized persons. It is further resolved that the same be placed before the Executive Committee in its next meeting. 7. TO RATIFY THE ACTION OF THE CHAIRMAN, APMC IN SANCTIONING ADDITIONAL D.A. TO THE STAFF OF THE COUNCIL AS PER G.O. MS.NO.265, DATED:26-10-2009, FINANCE (PC-I) DEPARTMENT. It is resolved that the action taken by the Chairman, APMC in sanctioning Additional D.A. to the staff of the Council as per the orders issued by the Government in G.O.Ms.No.265, dt:26.10.2009, Finance (PC-I) Dept., be ratified. 8. TO CONSIDER REGULARISATION OF THE SERVICES OF SRI G.ANIL KUMAR, JUNIOR ASSISTANT. It is resolved that the services of Sri G.Anil Kumar, Junior Assistant be regularized from 01.08.2008. It is also resoled that his probation be declared w.e.f.

01.08.2009 as he completed one year of satisfactory service in the post of Junior Assistant on that date. 9. TO CONSIDER REGULARISATION OF THE SERVICES OF SRI V.SURESH, OFFICE SUB-ORDINATE. It is resolved that the services of Sri V.Suresh, Office Subordinate be regularized from 01.08.2008. It is also resoled that his probation be declared w.e.f. 01.08.2009 as he completed one year of satisfactory service in the post of Office Subordinate on that date. 10. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN.

It is resolved that necessary action be taken for incorporating amendments to the A.P.Medical Practitioners Registration Act and also the Rules made thereunder together with making regulations as are required under the Act. The Secretary be directed to pursue the matter with the Standing Counsel of the Council. The meeting concluded with vote of thanks to the Chair.

REGISTRAR APMC

CHAIRMAN APMC

ANDHRA PRADESH MEDICAL COUNCIL: HYDERABAD-500 095

MINUTES OF THE MEETING OF GENERAL BODY HELD ON 04-12-2009 AT 11-30 A.M. IN Dr.CHIGURUPATI NAGESWARA RAO COUNCILS HALL, HYDERABAD. The General Body meeting of the APMC held on 04.12.2009. Dr.Balbeer Singh Yadav, Chairman, A.P.Medical Council has presided over the meeting. The following are present: 1. Dr.Balbeer Singh Yadav Chairman

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. The

Dr.K.L.Sampath Kumar Dr.V.Ram Prasad Dr.T.Ravi Raju, Director of Medical Education Dr.Hanumanlu, Jt.Director Repr. Director of Health Dr.P.Sucharitha Murthy, Director, Institute of Preventive Medicine Dr.Cipai Subrahmanyam Dr.K.Ramesh Reddy Dr.G.Balamaddaiah Dr.Nagalla Kishore Dr.P.Vijaya Chander Reddy Dr.Surapureddy Srinivasa Reddy Dr.Raj Siddharth E.Ravinder Reddy Sri K.Satyanarana Murty Chairman has granted leave of absence

Vice-Chairman Member Ex-Officio Member Ex-Officio Member Ex-Officio Member Member Member Member Member Member Member Member Member Secretary to Dr.A.V.Krishnam Raju,

Dr.C.Padmavathi who have expressed their inability to attend the meeting. The meeting of the General Body was presided over by Dr.Balbeer Singh Yadav, Chairman. The Chairman welcomed the members of GB and directed the Secretary to take up agenda Items. As per the directions of the Chairman, the Secretary/Registrar initiated the discussions. Copies of the proceedings of the General Body dated:31-03-2009,Copies of the Minutes of meetings of the Executive Committee dated:20-05-2009, 01-07-2009, 2708-2009 22-10-2009 & 26-11-2009, the Minutes of the Meetings of the Ethical & MalPractices Committee dated:15-02-2009, 30-04-2009, 26-05-2009, 26-06-2009, 28-07-2009, 08-09-2009 and 22-10-2009, Report of the CME Committee dated:27-08-2009 and Report of the Finance Committee dated 15-09-2009 and other material were circulated to all the members of the Council. The General Body has first considered the Minutes of previous meeting of the General Body held on 31-03-2009. The members have gone through the notes provided under this item together with action taken report. The members have gone through the action taken report. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the previous meeting of the General Body held on 31-03-2009.

Then the General Body has taken up for consideration of the next item on the Agenda, i.e. to consider and approve the minutes of the meetings of the Executive Committee held on 20-05-2009, 01-07-2009, 27-08-2009, 22-10-2009 and 26-11-2009. The members have gone through the notes provided under this item and details provided by the Secretary. After detailed discussion and taking into consideration of the submissions made by the Secretary in this respect, it is decided to confirm the minutes of the meetings of the Executive Committee held on 20-05-2009, 01-07-2009, 27-08-2009, 22-10-2009 and 26-11-2009. (A) (i) The General Body has noted that in the meeting held on 20.05.2009, the Executive Committee has considered the reports of E&MPC dt:15.02.2009 and 30.04.2009. members have also noted that the Executive Committee has approved The the

observations/recommendations of the E&MPC in Case.No.23/2007, that the allegations made by Sri B.Venkateswar Reddy are not proved against Dr.G.Satyanarayana, Dr.B.Ravi Shankar and Dr.N.Eshwar Chandra and that there was no role of Dr.G.Laxmana Sastry, Dr.S.Radha and Dr.M.Srinivas as they are participants in the tumour board meeting held on 01.07.2003. (ii) The General Body has noted that in Case No.09/2006; the Executive Committee has approved the observations/recommendations of the E&MPC, that there is no negligence on the part of Dr.C.Narasimhan, Cardiologist in treating the patient Ms.S.Swathi at Care Hospital, Hyderabad. (iii) The General Body has noted that the Executive Committee has considered the decision of Government on the appeal petition filed by Dr.Roya Rozati and Dr.Salman Saifuddin and that the Government has granted stay on the order passed by the Council and that the final decision was awaited. (iv) The General Body has noted that the Executive Committee has considered other items like perusal of the status of Writ Petitions / Civil Suit pending before various Courts and considered enhancement of the sitting fees to the members for attending Council/Committee meetings and members of the Council attending Internees Ethics Awareness Programmes and the Executive Committee has decided to refer this item for consideration of the Finance Committee and for its report. The General Body has also noted that the Executive Committee has perused the Paper Clippings on Supreme Court in

NIMS Case and that the Executive Committee decided that further necessary action be taken on receipt of full test of the Judgment. The Executive Committee in the said meeting has considered issuing guidelines on the use of basic foreign degrees which gives the impression of Post Graduate Qualification. The members noted that the EC has decided that a circular be sent to all the branches of IMA with a request to advise all their members to display the name of the Country next to their qualification in order to remove confusion among common public. (v) The Executive Committee also decided that an advise be given to the doctors having Post-Graduate qualifications to clearly display their specialty in bracket. So as to avoid confusion in the minds of public so that they can know the specialty possessed by the doctor. The Executive Committee has also decided that a brief note be published in IMA Bulletin in this regard. The General Body after going through the minutes of the Executive Committee meeting dt:20.05.2009 and after detailed discussion decided that the minutes of the Executive Committee meeting be approved. (B) (i) The General Body has noted that in its meeting held on 01.07.2009, the Executive Committee has considered the reports of the Ethical & Mal-Practices Committee dt:26.05.2009 and 26.06.2009. (ii) The General Body has noted that the Executive Committee has approved the observations/recommendations of the E&MPC in Case.No.08/2008, that there is no negligence on the part of respondent Dr.Thumu Rama Krishna in treating the patient Sri Gosu Ananda Rao. The General Body has also noted that in the said case the Executive Committee has decided that the Respondent should be warned not to give vide publicity which will glorify his personal image. It is further noted that the EC has decided that the respondent be warned for not maintaining proper records. (iii) The General Body noted that the Executive Committee has approved the observations/recommendations of the E&MPC in Case.No.24/2008, that the respondent deserves to be warned for his un-ethical acts such as using DNB (Cardiology) without possessing the same and displaying D Card NIMS, which is an un-recognized qualification

and admittedly practicing in Karimnagar for the past five years but got himself registered in APMC for his MBBS as well as MD (General Medicine) degrees in February, 2009 consequent on receipt of Registered notice from the Council. (iv) The General Body has decided to approve the observations/recommendations of the E&MPC as approved by the Executive Committee in Case.No.22/2007 that there is no negligence on the part of Dr.Batchu Radhakrishna in treating the patient B.Prakash. The General Body also decided to approve further observations of E&MPC as approved by the Executive Committee that the objections of the respondent, Dr.Batchu Radha Krishna are not maintainable in view of APMC Enquiry Rules, 1978. (v) The General Body has decided to approve the observations/recommendations of the E&MPC as approved by the Executive Committee in Case.No.12/2008, that there is no negligence on the part of Dr.P.Aruna in treating the complainant/patient, Mrs.C.Ramalingeswari Devi. (vi) The General Body has decided to approve the observations/recommendations of the E&MPC as approved by the Executive Committee in Case.No.13/2008 that there was no negligence on the part of Dr.Sunil Kapoor in treating the patient Mrs.Laxmi Bai. (vii) The General Body also noted that the Executive Committee has approved the decision to purchase (17) Laptops @ 32,890/- per each piece excluding usual taxes based on technical opinion received in this regard. The Executive Committee has also decided to authorize the Secretary to enter into Memorandum of Understanding. The Executive Committee also decided that a representation be submitted to the Minister for Medical Education with regard to alienation of land to the Councils Building to expedite the matter. The Executive Committee further decided that a request be made to the present Director of Health for sending specific recommendations for the allotment of land to APMC, so as to construct the proposed Combined Councils Building. (viii) The Executive Committee with the permission of the Chair has considered other Items like perusal of direction of Honble High Court in W.P.No.10889/2009 and decided to pursue the matter with the Standing Counsel and to prepare a Counter Affidavit on this Writ Petition filed by Dr.M.A.Gafoor and 20 others against MCI and APMC praying that the

APMC

has

to

incorporate

the

Clarification

in

Lr.No.MCI-12(1)/2005-Med.Misc.,

Dt:05.08.2005 of MCI with regard to their MD (Venereology) qualification in the Registration Certificates. (ix) The General Body has noted that the Executive Committee decided to grant Permanent Registration to Dr.J.Sai Kavitha as per the decision taken earlier. (x) The General Body has noted that the Executive Committee has decided to pay the balance amount of Rs.89,487/- to M/s. Team Engineer Systems Pvt. Ltd., towards installation of mike, after satisfactory demonstration of the same. (xi) The General Body has noted that the Executive Committee has decided that Smt.L.Madhavi Latha be paid enhanced consolidated pay of Rs.9,000/- w.e.f.01.06.2009 and also sanctioned notional increment to Smt.D.Varalakshmi in the category of Typist and fixation of pay as Sr.Asst. w.e.f. 01.06.2009 under FR22(a) (i) (xii) The General Body has noted that the Executive Committee has considered to review the work of staff of APMC and decided that suitable disciplinary action shall be taken as per the rules governing the disciplinary cases on the erring staff members. The Executive Committee also decided to prepare a draft memo after considering the Standing Counsel. (xiii) The General Body approved the recommendation of the Executive Committee to enhance the Conveyance Allowance of the Registrar from Rs.3000/- to Rs.5000/- and also to the members of the Staff from Rs.750/- to Rs.1,000/- w.e.f.01.10.2009. The Finance Committee also approved the recommendations of the Executive Committee for enhancement of Conveyance Allowance. (xiv) The General Body has noted that the Executive Committee has considered to provide Housing Loans to the Staff of APMC and decided that a Memorandum of Understanding be executed with the authorities of Bank of Baroda, Banjara Hills, Hyderabad. (xv) The General Body has noted that the Executive Committee has decided that modalities will worked out for upgrading existing Software Project on Registration Certificates so as to suit that Scanned Photo will appear on the Registration Certificate.

The General Body after detailed discussion and after careful consideration of the material placed before it, has decided that the decisions of the Executive Committee be approved except in the case of decisions taken under Item - 4 (B) (vii) (Case No.08/2008), 4 (B) (viii) (Case No.24/2008). The General Body has taken up these issues under Item-4 of the Agenda. The General Body after going through the minutes of the Executive Committee meeting dt:01.07.2009 and after detailed discussion decided that the minutes of the Executive Committee meeting be approved. (C) The General Body has noted that the Executive Committee in its meeting held on

27.08.2009 has considered several items and taken necessary decisions. (i) The General Body noted that the Executive Committee has considered the

report of E&MPC dated:28.07.2009. In Case.No.08/2008, the Executive Committee has decided that the Respondent Dr.Thumu Rama Krishna may also be warned for not maintaining the records in addition to the decision taken by Executive Committee in its earlier meeting. (ii) The General Body noted that the Executive Committee in Case No.18/2008

has decided that if the Respondent Dr.M.Vishnu Vardhan Reddy is found hence forth practicing as Ortho Surgeon, action will be contemplated. (iii) The General Body noted that in Case No.23/2008 the Executive Committee

has approved the recommendation of E&MPC to stop further proceedings against Dr.V.Sree Ramulu in accordance with the stay granted by the Honble High Court. (iv) (a) The General Body noted that the Executive Committee has decided the

Standing Counsel, APMC be requested to submit to the Honble High Court, the clarification received from Medical Council of India through its Letter No.MCI23(1)/2009/Med/31378, dated:23-08-2009 wherein the MCI made it clear that the members of its P.G. Committee had decided that the qualification of M.D. (Venereology) is also covered in the decision of the General Body of MCI at its meeting held on 18th February 2006 and it should be treated on par with the combined speciality as is being done for the candidates having MD(Dermatology) qualification. The Executive Committee also decided to withdraw the impugned

proceedings of the Council dated 15-07-2009, and the Honble Court be prayed for passing appropriate orders. (b) The General Body noted that the Executive Committee has decided that the 30(thirty) doctors be informed through Regd. letters that the impugned orders of the Council dated 15-07-2009, wherein the registration of M.D.(Venereology) was kept in abeyance, are withdrawn as per the clarification given by MCI in its letter dt:23.08.2009. The General Body also noted that the Executive Committee has decided that the Principals/Deans of all medical colleges in the State and the petitioners are communicated the letter received from the Medical Council of India. (v) The General Body noted that the Executive Committee has perused the order that the cases of Quacks be referred to the concerned

passed by the Division Bench of Honble High Court in W.P.No.1711/2009 and decided DIG/SP/Commissioner of Police and to the Collectors for initiating necessary action as per law. The General Body noted that the Executive Committee has also decided to furnish copy of order of Supreme Court dated: April 2nd, 1992 against Quacks and also enlighten them of the Court Orders. (vi) The General Body noted that the Executive Committee has decided that the

Bio-Data of Dr.Pradyut Waghray be forwarded to the Secretary, Ministry of Home Affairs, Government of India for PADMA AWARDS. (vii) (a) the General Body noted that the Executive Committee has considered the

Minutes of the meeting of the CME Committee held on 27.08.2009 with reference to work out modalities for formation of small teams for the purpose of conducting surprise visits / checks on the Hospitals/Clinics run by un-qualified persons and approved the said recommendation of the CME Committee. (b) The Executive Committee has decided that the present amount of Rs.30/- per student for each session of Ethics Awareness Programme be continued. ( c) The Executive Committee has decided that the CME Programmes in the districts be conducted in association with IMA and its local branches. It was also decided that the guidelines be prepared for sanctioning the amount of Rs.25,000/- for the CME Programmes conducted at each district level. It was also decided to prepare a Booklet which shall contain the Act and functions of APMC and to be distributed at the CME Programmes so conducted.

(d) The Executive Committee has decided to approve the recommendations of CME Committee to constitute small teams from the members of various Committees to make surprise checks/visits. It was also decided to place the same before the Honble High Court as well as the Govt. of Andhra Pradesh for appropriate direction in this regard. The General Body after careful consideration of decisions taken by the Executive Committee and after detailed discussion has decided to approve the decisions taken by the Executive Committee in its meeting held on 27-08-2009 except modification in Item-4 (B) (i) i.e. the decision of the Executive Committee in the case against Dr.Thumu Rama Krishna. The General Body made detailed discussion on this issue under Item-4 of the Agenda. (D) The General Body has taken up for consideration of the Minutes of the Executive Committee in its meeting held on 22.10.2009 and considered several items and taken necessary decisions. (i) (a) The General Body noted that the Executive Committee has considered the In Case No.17/2008, the Executive Committee has decided that here is no

Minutes of E&MPC dated 08-09-2009 and approved the same subject to modifications. negligence on the part of the Respondent, Dr.Garikapati Subba Rao in treating the patient, Smt. Kalluri Subbayamma. (b) In Case No.20/2008, the Executive Committee has decided to approve the recommendation of the E & MPC to close the case, if there is no further complaint from the complainant, Ms.L. Suvarna. The Executive Committee has also approved the recommendation of the E & MPC that further action will be initiated, if any further complaint is received from the complainant. (c) In Case No.15/2009, the Executive Committee has approved the observation/ recommendation of the E & MPC to refer the matter to the Standing Counsel so as to ascertain whether the Council is competent to take action against a doctor who was convicted by the Honble High Court in the year 1999. The Executive Committee has also approved the decision of the E & MPC to wait for the complainants affidavit on the allegations made in Para-3 of the Regd. Notice dated: 29-07-2009. (ii) The General Body noted that the Executive Committee has considered the Report of the Finance Committee dated 15-09-2009 and approved the same.

(a) The Executive Committee approved the enhancement of the sitting fee to he members for attending Council/Committee Meetings w.e.f.01.10.2009. It is decided that the sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/-. It is also decided that sitting fee to the members of Hyderabad City and members from local areas shall be paid Rs.1,200/- including Local T.A. It is also decided that accommodation charges for members coming from out station shall be paid Rs.800/- apart from sitting fee. (b) The Executive Committee approved the enhancement of the sitting fee to the members of Council for attending Internees Ethics awareness programmes conducted in various Medical Colleges in the State w.e.f.01.10.2009. It is decided that the sitting fee including Local T.A. for members coming from out station be enhanced to Rs.1,500/-. It is also decided that accommodation charges for members coming from out station shall be paid Rs.800/- apart from the sitting fee. It is also decided that sitting fee to the members from Hyderabad City and members of local area shall be Rs.1,200/- including Local T.A. It is also decided that sitting fee and accommodation charges shall be paid to the members of the Council for attending Gold Medal awarding functions on par with the payment of fees to the members attending Council/Committee meetings. The General Body noted that the Executive Committee in this regard has taken into consideration of the request made by Dr.Cipai Subrahmanyam to consider payment of flight charges for out station members. The Executive Committee directed the Secretary to obtain T.A. Rules followed by NTR University of Health Sciences and other Government Sectors and the necessary details and furnish the same to the Executive Committee in its next meeting. (c ) The Executive Committee also decided to direct the Secretary to address letters to the Principals of Government Medical College with regard to the conduction of Internees Ethics Awareness Programme. It is also directed to write specifically that the Gold Medal should be given to the student by the member of A.P.Medical Council only.

(d) The Executive Committee has decided that the conveyance allowance to the staff of the Council shall be enhanced from Rs.750/- to Rs.1,000/- per month w.e.f.01.10.2009. It was also decided that conveyance allowance of the Registrar of the Council shall be enhanced from Rs.3,000/- to Rs.5,000/per month w.e.f.01.10.2009. It was further decided that next enhancement of the conveyance allowance to the staff members shall not be considered for the coming three years. (e) The Executive Committee decided that the Challans system shall be introduced immediately towards registration fee and other fee etc., to the Council. (f) With regard to the recommendation of the Finance Committee on Memorandum of Understanding towards sanction of Housing Loans and other Loans to the Staff of the Council, the Executive Committee has decided that the Memorandum of Understanding executed by the Bank of Baroda, Hyderabad shall be approved. With regard to the proposal for giving commitment to the bank for recovery of Loan Installment from the salary of the Loanee Employee in the case of default, the Executive Committee has decided to obtain the opinion of the Sanding Counsel of APMC and the Auditors of the Council. (g) The Executive Committee has decided that the guidelines for conducting CME programmes at District Level be worked out. It was decided to constitute a committee with three members to work out the guidelines for conducting CME programmes at district level. The Executive Committee has decided that a booklet covering the Act and Functions of APMC and IMC Regulations, 2002/2004 relating to Medical Ethics shall be distributed. The Executive Committee has decided that the State IMA and bigger branches of IMA be included for conducting the CME programmes. (h) The Executive Committee decided that Smt. L.Madhavi Latha be appointed on regular pay scale attached to the post of Junior Assistant w.e.f. 01-10-2009, subject to obtaining the opinion of the Standing Counsel. The Executive Committee also decided that the opinion of the Standing Counsel be obtained with regard to creating a post as per exigencies of work and rule position.

(iii)

(A) The General Body has noted that the Executive Committee has considered the decisions of the E&MPC dated 22-10-2009 and approved the same subject to modifications.

(B) (i) In Case No.01/2009 The Complaint made by Sri K.Prasad against Dr.Srinivas Bathini, Ongole, the Executive Committee decided that the respondent be warned for not maintaining proper records (Case Sheet) and non submission of records to APMC inspite of insistence for the same. (ii) In Case No.03/2009 The complaint made by Md.Reyaz Pasha against Dr.Sameer Hyderabad, Diwale the and Dr.K.Satyanarayana Committee has of Kamineni that Hospitals, is no Executive decided there

professional negligence on the part of respondent doctors. (iii) In Case No.20/2008 The complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, Visakhapatnam, the Executive Committee has decided that the complaint made by Ms.L.Suvarna be closed as there is no further complaint from the complainant regarding this case even after a registered letters dt: 02.09.2009 addressed to her. (iv) In Case No.16/2009 The complaint made by Sri Meduri Ramesh Chandra against Dr.G.V.Jagadamba and M.Bharathi, the Executive Committee decided that the respondents do not fall within the jurisdiction of APMC as they are Non-Medical Forensic Experts. The Executive Committee also decided that the complainant may be addressed that he may represent the matter before the concerned authorities for redressal of his grievance. (v) The Executive Committee decided that after the Foreign Qualifications like M.D. (Physician) equivalent to MBBS be mentioned. The General Body after careful consideration of minutes of meeting of the Executive Committee dt:22.10.2009 and after detailed discussion has decided to approve the same with modifications. The General Body decided to approve the decisions of the Executive Committee taken under Items-4, 6 & 7. The General Body decided to approve the decisions of the Executive Committee taken under -8 (B) (v), 8 (B) (vi), 8 (B) (viii) and 8 (B) (ix).

The General Body after detailed discussion has modified the decisions of the Executive Committee under Item-8 (B) (i) and Item-8 (B) (iv). The detailed discussions are made under Item-4 of the Agenda. Then the General Body has taken up for consideration of Minutes of the meeting of the Executive Committee dated:26.11.2009. The members have gone through the notes provided under this item. (E) The General Body has noted that the Executive Committee in its meeting held on 26.11.2009. The Executive Committee has considered several items and taken the following decisions. (i) The Executive Committee has decided that the qualification of MD (Physician) be followed with the words Equivalent to MBBS which shall followed by the University. (ii) (a) The Executive Committee has decided that the matter

pertaining to W.P. No.1711/2009 be taken up for consideration as and when the Honble High Court passes necessary orders.
(b) The Executive Committee has decided that the information available on Delhi Medical Council Web-site be downloaded so as to know the powers of the Delhi Medical Council under its Act, Rules and Regulations in the matters of practice of Modern Medicine by Quacks and other unauthorized persons. It is further decided that the same be placed before the Executive Committee in its next meeting. (iii) The Executive Committee has ratified the action taken by the Chairman, the APMC in sanctioning additional DA to the staff of the Council as per the orders issued by the Govt. in GO Ms.No.265, dt:26-10-2009 Finance (PC-I) Dept. (iv) The Executive Committee has decided that the services of Sri G.Anil Kumar, Jr.Asst. be regularised from 01-08-2008 and his probation be declared w.e.f.01-082009 as he completed one year of satisfactory service in the post of Junior Asst. (v) The Executive Committee has decided that the services of Sri V.Suresh,

Office subordinate be regularised from 01-08-2008 and his probation be declared w.e.f. 01-08-2009 as he completed one year of satisfactory service in the post of Office subordinate. (vi) The Executive Committee has considered with the permission of the Chair and decided to direct the Secretary to pursue the matter with the Standing Counsel

of the AP Medical Council and to initiate necessary action for incorporating amendments to the APMP Registration Act and Rules made thereunder together with making Regulations as are required under the Act. The General Body after going through notes provided under this item and after detailed discussion has decided to approve the decisions taken by the Executive Committee. (i) It is decided that the M.D. (Physician) Qualification be mentioned as MD (Physician) followed by the name of the University, Country, month and year of completion of Internship in India with Equivalent to MBBS. It is also decided that all registered practitioners possessing foreign qualifications like MD (Physician) be directed to display their qualification in their Name Boards/Display Boards, Prescription Pads, Reports etc. by suffixing the words Equivalent to MBBS. It is further decided to communicate the decision of the Council to all those doctors possessing M.D (Physician) Qualifications and registered with APMC through a REGD. A/D LETTER directing them to comply with the decision of the Council. (ii) (a) It is decided to take up the matter pertaining to Writ Petition.No.1711 of 2009 to taken up for consideration as and when the Honble High Court possess necessary orders in this regard. (b) It is decided to download the information available on the Web-site of Delhi Medical Council so as to know the powers of the Delhi Medical Council under its Act, Rules and Regulations in the matters of practice of Modern Medicine by Quacks and other unqualified persons. It is further decided that the same may be placed before the Executive Committee in its next meeting. (iii) The General Body ratified the action of the Chairman in sanctioning Addl. D.A. to

the staff of the Council. (iv) The General Body decided to regularise the services of Sri G.Anil Kumar, Junior

Assistant, w.e.f. 01.08.2009. It is also decided to declare his probation w.e.f.01.08.2009. (v) The General Body decided to regularise the services of Sri V.Suresh, Office w.e.f. 01.08.2009. It is also decided to declare his probation

Subordinate,

w.e.f.01.08.2009.

(vi)

The General Body decided to direct the Secretary to initiate action for incorporating

amendments to the APMC Red. Act, 1968 and the Rules made thereunder and to make Regulations as are required under the Act. It is decided to direct the Secretary to pursue the matter with the Standing Counsel of the Council. Item-3:Then the General Body has taken up for consideration of the next item on

the Agenda to consider the brief report of the Chairman, E&MPC and to peruse the status of complaints pending before the Council. The General Body noted that there were 91 Complaints received during the period of 01.01.2006 24.11.2009 and 52 Cases were disposed by the General Body upto 20.01.2009. The General Body noted that One Case of 2006, Two Cases of 2007, Nine Cases of 2008 and Three Cases of 2009 are placed before the General Body with necessary observations/recommendations of the Ethical & Mal-Practices Committee and the decisions taken by the Executive Committee. The members noted the details furnished by the Secretary that the Ethical & MalPractices Committee in its meeting held on 22.11.2009 has considered nine cases and the observations/recommendations of the E&MPC together with the decision of the Executive Committee will be placed before the General Body in its next meeting. The members also noted that Case No.21/2009 the complaint made by the members of IMA, Jagtial Branch against Dr.G.Venugopal Reddy and Dr.G.Sashikanth Reddy is being enquired by the Ethical & Mal-Practices Committee expeditiously keeping in view of the directions of Honble Minister for Health & Family Welfare. After going through the details provided in the Report and the details given by the Secretary in this regard, it is decided that the report be approved. Item-4:- Then the General Body has taken up for consideration of the next item on the Agenda to consider the reports of the E&MPC dated: 15.02.2009, 30.04.2009, 26.05.2009, 26.06.2009, 27.07.2009, 08.09.2009, 22.10.2009. (A) The General Body noted that the E&MPC in its meeting held on 15-02-2009 has

recorded the statements of parties concerned in Case No.02/2008 and taken up for consideration of Case No.09/2006, Case No.08/2008, Case No.12/2008, Case No.13/2008, Cases No.16/2008 to 22/2008 for initiating further necessary action.

(B)

The General Body noted that the E&MPC in its meeting held on 30-04-2009 has considered several cases. In Case No.23/2008 it was decided to stop further proceedings in the matter in view of the Interim Stay granted by the Honble High Court on the orders passed by the 3rd Senior Civil Judge, City Civil Court, Secunderabad dated: 04.07.2008. In some cases the E&MPC has decided to issue summons to the concerned parties.

(C)

(D)

In Case No. 09/2006-complaint made by Sri S.Harinatha Baba against Dr.C.Narasimhan of Care Hospital, the E&MPC has approved the expert opinion given by Dr.C.Shakunthala and approved the same and made its detailed observations/recommendations. The recommendations of the E & MPC were approved by the Executive Committee in its meeting held on 20-05-2009. The General Body noted that the E&MPC has made the following observations/

recommendations in this Case. The Ethical & Mal-Practices Committee observed that as per the Complainant, Sri Harinatha Baba his daughter Ms. Swathi studying MD at Zapharozia University, Ukraine and she was under medical treatment at Care Hospital, Nampally for recurrent palpitations followed by Syncopal attracks. She was under treatment of Dr.Narasimhan, Cardiologist from 01-02-2005 to 02-02-2005 at Care hospital and after thorough investigation on being declared fit she was discharged on 02-02-2005. Further she visited the Physician on 07-022005 at Care Hospital. She was prescribed medicines for two months. On being made fit, she flew to Ukraine on 27-02-2005. The complaint has been forwarded by MCI in its letter dated 03-01-2006 and requested APMC to investigate & take necessary action in the matter. The E & MPC observed that complainant has alleged that before her departure to Zapharozia, Ukraine on 27-02-2005 and she was under medical treatment at CARE Hospital, Nampally for recurrent palpitations followed by Syncopal attracks. She expired on 04-04-2005 at Ukraine. Medical authorities at Ukraine have stated the cause of death as Pre excitement syndrome sudden cardial arrest The E&MPC observed that the complainant alleged that the treatment at CARE Hospital does not appear to be proper, insufficient and incorrect as such has led to Ms.Swathis death. As per the notice issued in this regard, the respondent Dr.C.Narasimhan has filed an affidavit duly denying the allegations made against him. In his reply affidavit he has stated that the complainant has raised the issue of alleged negligence on three counts namely being diagnostic negligence,

procedural negligence and administrative negligence and submitted his detailed explanation. He has stated that the methodology of diagnosis, the catheter ablation procedure and post procedural follow up were all done as per the standard of established international norms . The Ethical & Mal-Practices Committee after careful consideration of the material available on record and the further information provided by the complainant has decided to refer the matter to a Cardiologist for his expert opinion. The matter was referred to a Senior Cardiologist, Dr.C.Shakuntala Prof. & HOD Cardiology (Retd.), GMC/Gandhi Hospital, Hyderabad. She made her detailed observations/comments on this issue. The General Body noted that she has concluded her opinion by stating that the respondent doctor is competent according to his experience and degrees. Because of the main problem of Syncope she was investigated immediately by the doctor. Being educated person, patients father should have elicited more information about arrhythmia before giving consent. The General Body has noted that she has further stated that No doubt, the patients father S.Harinatha Baba is hurt because of daughters death. One cannot expect 100% success in every procedure or surgery or from Medical Management of patient in all ailments. The General Body gone through the further observations of the E&MPC and noted that both the parties did not appear before the Committee and no communication has been received from either party. The General Body noted that the Ethical & Mal-Practices Committee after careful consideration of the expert opinion given by Dr.C.Shakunthala and taking into consideration of entire material available on record has made the following recommendations/observations: There is no negligence on the part of Dr.C.Narasimhan, Cardiologist in treating the patient Ms.Swathi at Care Hospitals, Hyderabad. The General Body noted that the Executive Committee in its meeting held on 20.05.2009 has considered this item and approved the observations/recommendations of E&MPC. The General Body taking into consideration of the Observations/recommendations of the Ethical & Mal Practices Committee, decision of the Executive Committee together with the expert opinion given by Dr.C.Shakunthala, Cardiologist and after detailed discussion has decided to approve the observations/recommendations of the Ethical & Mal Practices

Committee as approved by the Executive Committee. The General Body observed that the complainant has not furnished any record or details of treatment given to his daughter in Ukraine. provided came to the conclusion that there is no negligence on the part of the Respondent, Dr.C.Narasimhan in treating the patient, Ms.S.Swathi at Care Hospital, Hyderabad. Moreover, the death has occurred in Ukraine. Then the General Body has considered the observations/recommendations of Ethical & Mal-Practices Committee in Case No.23/2007. The Chairman, E&MPC has elicited brief facts of the case. The General Body noted that the complainant Sri B.Venkateswara Reddy on 17.12.2007 made a complaint against Dr.G.Satyanarayana, Dr.G.Laxmana Sastry, Dr.Ravi Shankar, Dr.Ashwin Shaw, Dr.Srinivas, Dr.Radha Sagar, and Dr.Eshwar Chandra of Kamineni Hospitals. He alleged that his father B.Uttam Reddy was admitted in Kamineni Hospital and operation was conducted by the above doctors on 02.07.2003 and exploration surgery was conducted on 05-07-2003; the patient died on 07-07-2003. The General Body noted that the complainant has filed his complaint in the form of an affidavit on 22-10-2008 and submitted other documents. The General Body noted that all the above respondents have filed their reply affidavits wherein they denied the allegations of negligence in treating the complainants father. The complainant and the respondents, Dr.G.Satyanarayana and Dr.N.Eshwar Chandra have appeared before the Ethical & MalPractices Committee on 16.09.2008 and their statements are on record. Dr.Ashwin Shaw and Dr.Srinivas have also appeared before the Committee and stated that they have no role in this case since they have attended the Tumor Board meeting held on 01.07.2003. The General Body noted that other respondents, Dr.S.Radha, Dr.B.Ravi Shankar and Dr.G.Laxmana Sastry filed their reply affidavits. The General Body noted that the E & MPC held several hearings in this case and considered voluminous material filed by the complainant. The Ethical & Mal-Practices Committee in its meeting held on 30.04.2009 taking into consideration of the entire material on record and the statements made by the parties concerned has made its detailed observations/recommendations extracted below: As per the statement made before the Committee, the Complainant, Sri B.Venkateswara Reddy filed an affidavit and other documents on 22.10.2008. The same was considered by the Committee in its meeting held on 26.10.2008. The Committee noted

that others Respondents, Dr.Ravi Shankar, Dr.Radha Sagar and Dr.G.Lakshmana Sastry have filed their reply affidavits. As it requires lot of time for going through the material, it is decided to take this case in the next meeting of E&MPC. In his affidavit the complainant, Sri B.Venkateswara Reddy has reiterated the statement made by him in his complaint dt: 13.12.2007, but made certain fresh allegations. He has stated that as per the advise of doctors of Kamineni Hospital, i.e. Dr.Ravi Shankar, my father was under gone several tests like X-Ray, Endoscopy, Ultrasonography, abdomen (male) Radiologist diagnosis tests, CT Abdomen, Rectal I.V. Contrast, Gastroenterology, (colonoscopy), pathological and clinical tests conducted 23.06.2003. I and my brother discussed with Dr.B.Ravi Shankar and got opined that the Dr.Ravi Shankar could not arrive to conclusion regarding the patient real problem even after conducting several above tests in past 2 days. Dr.B.Ravi Shankar assured that there is no seriousness to patient and it can be treated with either Chemotherapy or Radiotherapy rather than to go for surgery. He contended that Dr.B.Ravi Shankar created false hopes and did not reveal to the complainant about the condition of the patient. Dr.B.Ravi Shankar has changed his versions on 26.06.2003 and advised to go for surgery for my father, because the patient condition was not normal. Dr.B.Ravishankar further demanded a huge amount of Rs.70,000/- for the treatment of my father. As per the advice of the doctor, my father was admitted in to Kamineni Hospital as in-patient, on 30.06.2003. The patient underwent several clinical tests besides several pathological tests also repeatedly. The Doctors of Kamineni Hospital told that the patient would require huge quantity of blood at the time of operation. Accordingly, the complainant arranged the blood required and while the patient was undergoing the operation, again they required blood arranged by me as per direction of Doctors. The complainant submitted that after the surgery, the patient kept in acute medical care unit/post operative ward and neither mine nor other attendants were allowed to see the condition of the patient after the surgery. I submit that Dr.G.Satyanarayana expressed his doubt about the possibilities of some other problems like leakages in stomach, while sending the patient into AMC Unit / PO Ward and the doctor did not explain the actual condition of the patient and actual surgery what was done. The complainant contended that he was told different versions and created false hopes by the Respondents individually and he got illusion regarding the surgery what was done. He further alleged that the doctors of Kamineni Hospital failed to arrive at correct decision about the final diagnosis and they were in dilemma regarding TUBERCULOSIS or CROHNS DISCEASE, but he was

told that they conducted operation to the patient for CARCINOMA ASSENDING COLON PERITONITIS. The patient expired on 07.07.2003 at about 08.30 pm i.e. 5th post operative day and according to discharge summary it reveals that date of operation conducted on 05.07.2003. He contended that he was unable to find the circumstances and possibilities of versions of doctors, which are different. He has stated that the patients condition was declared normal on 1st & 2nd postoperative days, but surprisingly on 3rd postoperative day, the opposite party revealed that there was a leak from the ANASTOMOTIC site causing secondary peritonitis and septicemia was suspected. The complainant contended that the condition happened to the patient / deceased was due to negligence of doctors in rendering service to the patient during that time. Simultaneously, the patient was taken for REXPLORATIN and then the observation was that 1 lts. of foul smelling straw-coloured fluid in the peritoneal cavity, by Dr.Satyanarayana and Dr.Laxmana Sastry. The complainant contended that this condition was developed purely because of infection while the surgery was done and there was no proper care and hygienic mechanism was not observed and they came to the conclusion that due to this the patients condition was turned to the death side. The complainant further contended that the stand taken by Dr.G.Satyanarayana and Dr.B.Ravi Shankar regarding his fathers illness put up before the Tumour Board for discussions regarding Tumour Cases is belated and denied. It can be seen from the Tumour Board meeting register 2003, the case has been put up for discussion on 31st June, 2003. But the month of June does not 31 days. Description of the patient has been stated as Female. He contended that all documents prepared by Kamineni Hospital,

Dr.G.Satyanarayana and Dr.Ravi Shankar are to over come their negligence during the course of treatment of his father and for the purpose of misleading the courts. The Ethical & Mal-Practices Committee in its meeting held on 23.12.2008 has considered this case and noted that the other three doctors, viz. Dr.G.Laxmana Sastry, Dr.S. Radha and Dr.B.Ravishankar have filed their affidavits as directed in this behalf. The Ethical Committee noted that the complainant has filed additional affidavit and other material containing 229 pages. The E&MPC observed that some of the material papers filed by the complainant do not constitute any evidence required in this case and even if the material gives any substantial evidence to prove the case of the complainant and shows

that the respondent doctors are guilty of negligence, it has to be established by the complainant himself. In these circumstances and in the absence of any evidence produced by the complainant as to the order passed by the Consumer Disputes Redressal Forum, R.R.Dist and in view of the voluminous material filed by the Complainant for examination of which, it has taken lot of time for the Committee to consider the matter. The E&MPC has gone through the affidavits filed by Dr.S.Radha, Pathologist, Dr.G.Laxmana Sastry and B.Ravi Shankar, Medical Gastro Enterologist. The committee noted that Dr.S.Radha has stated that she is not concerned with any of the allegations made in the complaint except with regard to the proceedings took place before the tumor board on 01.07.2003 since she was one of the participant in the Tumour Board meeting. She has also stated that to the best of her knowledge and memory, the case of Utham Reddy was discussed before the Tumour Board that he was suffering with CARCINOMA COLON and they explored various options of treatment and risk complications involved in the treatment and finally the participants concluded that firstly the malignant tumour (mass) has to be removed through surgical intervention and there after the patient will be treated either Chemotherapy or Radiotherapy or both depending upon the circumstances of the patient. The committee noted that, Dr.G.Laxmana Sastry in his affidavit has stated that he is not aware of the allegations made in the complaint or not concerned with them except with regard to the proceedings took place before the Tumour Board on 01.07.2003 since he was one of the participants in the Tumour Board meeting. He has stated that his name was routinely mentioned in the discharge summary as he was one of the consultants in the Department of General Surgery, Kamineni Hospital, L.B.Nagar. He has further stated that the complaint is misconceived and vexatious in nature and appears that the complaint has been filed with a malafide intention to black mail and harass doctors. He contended that complaint of this nature will cause great mental agony and the doctors and their families will be put to great loss and damage and financial loss. The Committee has gone through the affidavit filed by Dr.B.Ravi Shankar, Medical Gastro-enterologist and noted that he has stated that Late B.Utham Reddy had approached Kamineni Hospitals on 23-06-2003 and was seen as out patient with the complaints of altered bowel habits, dyspepsia, anorexia and weight loss and he underwent tests such as ultra-sonography, C.T.Scan of abdomen and colonoscopy (done on 24-06-2003), revealed a

large growth involving ascending colon and proximal transverse colon. As colonoscopy alone cannot confirm malignancy, biopsy of the lesion was also performed and the report had come on 26-06-2003. Biopsy of the lesion was suggestive of Adenocarcinoma, thereby confirming colonic cancer. The Committee has gone through his further statement that the patient as well as his attendants were informed on 27-06-2003 regarding the diagnosis of cancer. Patient was suggested to get admitted to the hospital as surgery was required for treatment of colon cancer. He was admitted on 30-06-2003 and operated on 02-07-2003. He expired on 07-07-2003 due to the complications of cancer. The operation was performed by Dr.Satyanarayana and his team. Dr.Ravi Shankar has further stated that his job as Medical Gastro-enterologist was limited to evaluation, workup and colonoscopy including biopsy. He has stated that the allegation of the complainant that he has not helped him procuring the case sheet and other bills is totally false. The mistakes of date and sex probably are simple clerical errors and totally unrelated to the management of patient. After going through the complaint made by Sri B.Venkateswara Reddy dt.13-122007, his statement made before the Committee on 16-09-2008 his further affidavit dated 21-10-2008 the affidavits filed by Dr.G.Satyanarayana, Dr.B.Ravi Shankar and others, the statements of Dr.G.Satyanarayana & Dr.N.Eshwar Chandra and other material on record and after detailed discussion, the Committee came to the conclusion that there was no negligence on the part of Dr.G.Satyanarayana, Dr.N.Eshwar Chandra or Dr.B.Ravi Shankar. The E&MPC is of the opinion that there was no role of Dr.G.Laxmana Sastry, Dr.S. Radha and Dr.M.Srinivas. They were participants in the tumour board meeting held on 0107-2003. The Committee is of the opinion that the mistake of date of Tumour Board meeting as 31-06-2003 and the sex of patient as Female are clerical errors and totally unrelated to the management of the patient. With regard to the further allegation of the complainant that two different death summaries issued to him, wherein in one death summary the Principal Diagnosis was mentioned as Carcinoma Ascending Peritonitis + and in the second one the Principal Diagnosis was mentioned as Carcinoma Ascending Colon Peritonitis + Septicemic Shock, the committee has taken into consideration of the statement of Dr.G.Satyanarayana that the death summary bearing District Forum, Ranga Reddy District was issued by him and correct one and the other death ceremony bearing the Kamineni Hospitals stamp was not issued by him. The committee has also taken into

consideration of the statement of Dr.G.Satyanarayana that the signature appeared in that death summary is not his own. In the above circumstances, the E&MPC came to the conclusion that the allegations made by the complainant, Sri B.Venkateswar Reddy are not proved against any of the above mentioned doctors and the cause of death was Septicaemia. The E&MPC has taken into consideration of the statement made by Dr.G.Satyanarayana before the committee on 16.09.2008 as to which was the cause of death, he has stated that it is not iatrogenic the disease process i.e. Ca. ascending colon which has caused obstruction and has spread beyond the boundaries of the colon has required extensive dissection and resection of the bowl leading to the post-operative complication of peritonitis which is a known complication that has resulted in Septicaemia which is ultimately responsible for the death inspite of all the feasible measures taken by the treating doctors. The E&MPC has also taking into consideration of the statement that the death was not directly caused by the Carcinoma which was the ultimate cause of death has resulted as a result of peritonitis which was developed as a known complication of the extensive dissection and resection that was required for the surgical treatment of the carcinoma. The General Body noted that the Executive Committee in its meeting held on 20.05.2009 has considered this item and approved the observations/recommendations of the E&MPC. The General Body taking into consideration of the observations/recommendations of the E&MPC as approved by the Executive Committee has decided that the allegations made by the complainant, Sri B.Venkateswara Reddy are not proved against any of the respondents and the cause of death was Septicemia. The ultimate cause of death has resulted as a result of peritonitis which was developed as a known complication of the extensive dissection and resection that was required for the surgical treatment of the carcinoma. The General Body noted that the E&MPC considered other cases and decided to take up the same in the next meeting for further consideration. The General Body after taking into consideration of the minutes of the meeting of the E&MPC dt:30.04.2009 and the decisions taken by the Executive Committee in its meeting held on 20.05.2009 has decided to approve the same. (C ) Then the General Body has taken up for consideration of minutes of the meeting of

E&MPC dt:26.05.2009. The General Body noted that the E&MPC has recorded the

statement of the respondent Dr.Bachu Radha Krishna and the same is on record. The E&MPC has also recorded the statements of the complainant and the respondent in Case No.12/2008. The E&MPC has recorded the statements of the respondents in Case Nos. 13/2008, 19/2008 and the statements of parties concerned in Case No.24/2008. The General Body noted that the E&MPC has not made specific observations/recommendations in any case. The General Body noted that the minutes of the E&MPC were placed before the Executive Committee in its meeting held on 01.07.2009 and approved the same. After careful consideration and detailed discussion it is decided to approve the minutes of the E&MPC meeting dt:26.05.2009. (D) Then the General Body has taken up for consideration of minutes of the meeting of

E&MPC dt:26.06.2009. The General Body noted that the E&MPC recorded the statement of the respondent Dr.G.Subba Rao in Case No.17/2008 and the respondent Dr.V.V.Reddy in Case No.18/2008. The General Body noted that in Case No.18/2008, the complainant, Sri M.G.Ramulu Yadav has submitted an application to the Committee seeking permission of the Council to withdraw the complaint. The General Body also noted that the parties concerned in Case No.20/2008 and Case No.21/2008 have appeared before the E&MPC and their statements are on record. The General Body noted that the E&MPC has made detailed observations / recommendations in Case No.08/2008, 12/2008, 13/2008, 24/2008 & 22/2007. The detailed observations/recommendations together with the statements made by parties concerned in other cases were considered by the Executive Committee in its meeting held on 01.07.2009. The Executive Committee after careful consideration of the material placed before it and taking into consideration of the observations/recommendations of the E&MPC has decided to approve the same. However, in Case No.08/2008, the Executive Committee in its meeting held on 28.07.2009 has observed that the respondent Dr.Thumu Rama Krishna has stated that they could not record the resuscitative measures as they were very hurry to save the patient and shifted the patient to another hospital and meantime the patients attendants threatened the nursing staff and taken away the case sheet without any permission. The Executive Committee taking into consideration of the same, decided

that the Respondent Dr.Thumu Rama Krishna be warned for not maintaining proper records. The General Body has considered the entire material on record together with the statements made by the parties concerned,the observations/recommendations of the Ethical & Mal-Practices Committee and decision of the Executive Committee. The General Body had detailed discussion on this item. Dr.P.Sucharitha Murthy, Ex-officio Member expressed the view that the respondent should not give any publicity in future and in case if he do so his name shall be removed from the Medical Register. She has also expressed the view that why the respondent has not registered this case as MLC Case. Dr.E.Ravinder Reddy speaking on the occasion expressed the view that it is the responsibility of the Hospital management for registration of the case under MLC. Dr.B.Raj Siddharth expressed the view that we can not come to any conclusion binding ourselves on the allegations made by the complainants if the E&MPC finds any negligence on the part of treating doctor and if the E&MPC finds the doctor concerned guilty of negligence, then the respondent doctor is liable for punishment for the allegations of negligence. He has pointed out that there are several lapses on the part of the respondent i.e. (i) MLC Case was not registered by the Hospital Management. (ii) (iii) The case-sheet was not maintained properly. Death Certificate was not submitted either by the complainant or respondent.

Dr.P.Vijay Chander Reddy, Chairman E&MPC while explaining case in detail has expressed the view that the E&MPC made its recommendations on the following points: (i) On the treatment part, (ii) Non maintenance of records, (iii) Giving wide publicity Dr.Ramesh Reddy, Member while speaking on the occasion has expressed the view that the respondent doctor has violated the regulations made under IMC Act, such as not maintaining proper records and giving wide publicity. He has expressed the view that if he is found giving advertisements in future glorifying his personal image, then his name should be removed from the Medical Register as per IMC Regulations 2002. The General Body taking into consideration of the observations/recommendations of E&MPC and the decision taken by the Executive Committee and after detailed discussion has decided to impose Censure on the respondent Dr.Thumu Rama Krishna for the foregoing reasons and the lapses committed by him. It is also decided to record the

Censure in the Medical Register. It is also decided that if the respondent doctor is found giving advertisements in future, his name will be removed from Medical Register treating such an act as professional mis-conduct on his part. Then the General Body has gone through the observations/recommendations of E&MPC in Case No.22/2007- the Complaint made by Sri B.Kishore against Dr.Bachu Radha Krishna. The General Body has noted that the complainant Sri B.Kishore alleged that the respondent has given wrong treatment to his father and put the entire family in mental agony. The respondent filed his reply affidavit denying the allegations made by the complainant against him. Both the parties appeared before the E&MPC on 16-09-2009 and their statements are on record. As per the contentions raised by the complainant that the patient was admitted in Kamineni Hospital and the doctors at Kamineni Hospital have treated the patient, notice was issued to Dr.Jaidip Ray Chaudhury to submit his explanation as to the treatment given by him. Accordingly, Dr.Jaidip Ray Chaudhury submitted his reply affidavit. As per the notice issued in this regard, he has appeared before the E & MPC and his statement is on record. As per the affidavit filed by Dr.Jaidip Ray Chaudhury and his statement before the Ethical & Mal Practices Committee on 30-04-2009, it has become necessary to direct the Respondent, Dr.Bachu Radha Krishna to appear before the E & MPC. Accordingly, he appeared before the E & MPC on 26-05-2009 and his statement is on record. Taking into consideration of the entire material on record together with the statements made by the parties concerned, the E & MPC made the following observations: The E & MPC has gone through the Statement made by Dr.Jay Dip Ray Chaudhuri before the Committee on 30.04.2009 and noted that on the day of admission, patient was alert, complaint of severe abdominal (lower) pain and had weakness of both lower limbs. He had bowel incontinence. Investigation reports show: RBS-135, Urea-88 (reative-6 Na139, K-48, Hb 10.1gm% TLC 7600 Plauleb 1058 lack, EST-85 (UE-Puscells-Plenty, RBC+, Alt+). He has stated that patient did not bring any report with him and investigations conducted at Kamineni Hospital revealed ARF. Patient had ARF and epidural absean with high creatinine levels at admission. Since this issue pertains to Nephrology and Neuro Surgery, he stated that he is not the correct person to comment about negligence in this patient.

The Committee has gone through the affidavit filed by Dr.Jay Dip Ray Chaudhuri and noted that the patient was given treatment at Kamineni Hospital from 18.07.2007 to 08.08.2007 under his supervision as senior consultant Neurologist. In the affidavit it was stated that after necessary investigations like CUE, Creatinine Levels and USG Abdomen, he was diagnosed to have urinary tract infection, acute renal failure, retention of urine and epidural abscess. It was further stated that he recovered and his creatinine levels came down to near normal and he was discharged when he was ambulant on 08.08.2007. The Ethical & Mal Practices Committee noted that the Respondent, Dr.Batchu Radha Krishna, in his reply Affidavit dated 18-7-2008 has stated that the patient recovered, his general condition was good, all vitals were stable and got full neurological recovery, hypertension was under control, suture lined healed well as such the patient was discharged from his Hospital on 6-6-2007 and admittedly the patient was taken to Kamineni Hospitals on 18-07-2007, i.e. with a gap of 42 days. As to the allegation of the Complainant that the Respondent has not taken full care and negligently treated the patient, thereby caused huge financial loss and physical disability, the E & MPC noted that the Respondent denied the same. After taking into consideration of the entire material on record, after careful consideration of the Affidavits filed by Dr.Batchu Radha Krishna, Dr.Jaydip Ray Chaudhury and the statements made by the parties concerned, the Ethical & Mal Practices Committee observes that there is no negligence on the part of Dr.Batchu

Radha Krishna in treating the patient B.Prakash.

The E & MPC has considered the

objections raised by the Respondent, Dr.Batchu Radha Krishna before the Committee on 26-5-2009 that he has already appeared before the committee earlier and his statement is on record. The committee has also noted that he has referred to Rule-6 of APMC Enquiry Rules, 1978. The E & MPC observed that the respondent has quoted Rule-6 of the Rules erroneously. The E & MPC also noted that according to the proviso given under Rule 4 (2) of the Rules says that The Committee appointed to make a preliminary enquiry shall have power to cause further investigation to be made and take further evidence and also any legal advice or procure any legal assistance as it may think necessary.The E & MPC observed that objections raised by the Respondent, Dr.Bachu Radha Krishna are not maintainable in view of APMC Enquiry Rules, 1978. The E & MPC is of the opinion that examination of the Respondent, Dr.Batchu Radha Krishna has become necessary in view of the allegations made by the Complainant that the patient was admitted in Kamineni

Hospital and the doctors conducted all neurology, nephrology tests and treated him for 22 days and was discharged on 08-08-2007. The Complainant also contended that the doctors at Kamineni Hospital have stated that the patients condition has become serious as treatment was not given at an appropriate time by a competent doctor and on account of negligence. Having considered the complaint and taking into consideration of the fact that the Patient was treated at Kamineni Hospitals, Hyderabad and the contention of the Complainant that they had incurred an expenditure of Rs.3,86,600/-, the E&MPC in its meeting held on 16-09-2008 has decided to issue notice to Dr.Jay Dip Ray Chaudhury calling for his explanation as to the treatment given to the patient, Sri B.Prakash at Kamineni Hospitals, Hyderabad. Accordingly, Dr. Jay Dip Ray Chaudhury has submitted his reply affidavit and Case-sheet pertaining to the patient . The E&MPC taking into consideration of the entire material on record and after detailed discussion came to the conclusion that there is no negligence on the part of Dr.Batchu Radha Krishna in treating the patient, Sri B.Prakash at Satya Hospital, Warangal. The objections raised by Dr.Bachu Radha Krishna in directing him to appear before the Committee are not maintainable in view of the provisions contained in Rule-6 of APMC Enquiry Rules, 1978 The Executive Committee in its meeting held on 01.07.2009 has approved the observations / recommendations of the E&MPC. The General Body taking into consideration of the entire material on record together with the statements made by the parties concerned and after detailed discussion is of the opinion that there is no negligence on the part of Dr.Batchu Radha Krishna in treating the patient, Sri B.Prakash at Satya Hospital, Warangal. The objections raised by Dr.Bachu Radha Krishna in directing him to appear before the Committee are not maintainable in view of the provisions contained in Rule-6 of APMC Enquiry Rules, 1978.

Then

the

General

Body

has

taken

up

for

consideration

of

the

observations / recommendations of Ethical & Mal Practices Committee in Case No.24/2008 the Complaint made by Dr.Kylas Pabba against Dr.A.Sai Ravi Shankar. The General Body has gone through observations / recommendations of E& MP C and noted that the Complainant, Dr.Kylas

Pabba in his complaint dt:16.12.2008 has alleged that the Respondent doctor has done PDDC at NIMS from 28.02.2001 to 27.02.2003 and prior to

that he took DNB Training for few months. He has alleged that he is practicing as consultant Cardiologist for the last 5 years at Karimnagar (formerly in First Medical Hospitals, now in Shivaram Hospitals) with the following degrees. 1. M.D. (Med.) DNB (Tr.), D.Card. (NIMS), 2) M.D. (Med.) (DNB Tr.), D.Card. (NIMS). 3. M.D. (Med.) DNB Card (NIMS) (In the middle), 4) M.D.(Med.) (DNB Tr.), D.Card,(NIMS) once again. The Complainant has requested for verification of degrees of the respondent and instruct him to explain the way in which he is utilizing DNB Degree and D.Card and how he can occupy the position of consultant cardiologist and to work as an independent cardiologist in such a hospital. The Respondent, Dr.A.Sai Ravi Shanker was requested to submit his explanation on the allegations made by the complainant against him. has filed his reply affidavit duly denying the allegations.
As per the summons issued in this regard, both the parties appeared before the E&MPC on 26.05.2009. The E & MPC put certain questions to the Complainant. The E & MPC desired to know about his main allegation. The Complainant has stated that his main allegation is that Dr.A.Sai Ravi Shankar does not have valid Degree to be called as Consultant Cardiologist. He has not qualified in DNB Cardiology or DM Cardiology. So he should not practice as Consultant Cardiologist and he should not exhibit DNB or DM in any way. The Complainant has enclosed four prescriptions which were prescribed and signed by the Respondent and contended that the Respondent has misrepresented his degrees in the prescriptions which he has furnished to the E & MPC. As to the further question, what was his objection regarding Registration of the Respondent, he has stated that your objection regarding registration of Dr.Sai Ravi Shankar, he has stated that he got himself registered in APMC on 20-02-2009 for his MBBS & MD degrees only. The Complainant contended that as per the affidavit, he is practising at Karimnagar in Andhra Pradesh for the last six (6) years without registering himself in APMC and he has registered himself after receiving notice from APMC. The Committee has questioned him whether he found the respondent guilty of un-ethical practice. He has replied that the Respondents practising capability of Cardiology is not upto the mark and he observed the same with many

He

patients, but stated that getting all these details is not possible now. The complainant has stated that he has registered with APMC for his MD & DM degrees with Certificate No.12604. He has also stated that he has noticed un-ethical practice of the Respondent, but unable to produce any evidence to that effect. As to the further question, what made him to complain to APMC, he has stated that patients are getting confused and the doctors also getting confused with the degrees of the Respondent. He intends to bring this to the notice of the Council purely to see that patients will not be affected and patients should get proper treatment and proper advice, by properly qualified Cardiologist.

The E&MPC has recorded the statement of the Respondent and noted that he underwent training in DNB in Cardiology at Apollo Hospital and he has completed his MD from SCB Medical College, Cuttack which is recognised by MCI. He has registered himself with APMC in the month of February, 2009. As he has registered in Orissa, he did not know that he has to register again in Andhra Pradesh. As to the question whether the Respondent is publishing his degrees in press, he has stated that on his behalf his wellwisher given the publication, but the degrees which they have published is fault on the part of press people, for which the press has given corrigendum on next day it self. He was asked to say any thing more and he replied that due to his ignorance he has displayed DNB (Tr.,) which is not recognised. He has also stated that he is not aware that DNB Cardiology should not be displayed and prayed that he may be pardoned for any of my lapses due to my ignorance. The E&MPC has noted that the respondent has expressed his ignorance and stated that he was under the impression that he is entitled to display DNB Cardiology. The E & MPC observed that Dr.Sai Ravi Shanker got himself registered with Andhra Pradesh Medical Council in the month of February, 2009 whereas he is practising in Karimnagar for the past 5 years which is contrary to the provisions of Andhra Pradesh Medical Practitioners Registration Act, 1968. The Committee felt that his statement that he registered in Orissa and he does not know that he has to register again in Andhra Pradesh is not convincing. After taking into consideration of entire material on record and the statements made by the parties concerned, the Ethical & Malpractices Committee observed that the acts of the Respondent,

Dr.Sai Ravi Shankar are not in conformity with the IMC Regulations, 2002. The E & MPC has gone through the material filed on behalf of the complainant and noted that the respondent is displaying D.Card (NIMS) & DNB Card (NIMS) in his prescription pads. The E & MPC is of the view that the respondent has not cleared DNB (Cardiology) and even if his contention that he has obtained D.Card (NIMS), he is not justified in using either of these Diplomas. The Committee noted that according to IMC Regulations2002, it will be unethical on the part of a Medical Practitioner to suffix unrecognized degree/diploma to his name in his letter pad, prescription pad or sign board. During the enquiry it was made clear to the respondent that D.Card (NIMS) is an unrecognized diploma and using the same will be an un-ethical act on any count. The E & MPC has taken into consideration of the view expressed by the Complainant that the respondent should not practice as consultant Cardiologist and he should not exhibit DNB or DM in any way. The E & MPC has considered the further statement of the complainant that he has noticed illegal practices done by the respondent but unable to provide necessary evidence in this regard. In view of the above observations and taking into consideration of the view expressed by the complainant that he has no personal rivalry or jealousy on the practice of the respondent, it is decided that the respondent deserve to be warned for his un-ethical acts such as using DNB (Cardiology) with out possessing the same and displaying D.Card (NIMS) which is an unrecognized qualification and admittedly practising in Karimnagar for the past (5) Five years but got himself registered in APMC for his MBBS as well as MD (General Medicine) in February, 2009 consequent on registered notice received from the Council and recommended to the Executive Committee accordingly for taking necessary decision in this regard. The Executive Committee in its meeting held on 01-07-2009 has decided that the Respondent deserve to be warned for his un-ethical acts such as using DNB (Cardiology) with out possessing the same and displaying D.Card (NIMS) which is un-recognised qualification and admittedly practising in Karimnagar for the past five year but got himself registered in

APMC for his MBBS as well as MD (General Medicine) in February 2009 consequent on registered notice received from the Council The General Body perused the entire record and gone through the statements made by the parties concerned. The General Body has wider discussion on this item. Dr.K.Ramesh Reddy, Member speaking on the occasion has expressed the view that the Respondent has not registered in APMC. His act attracts the provisions of Section-20 of A.P.Medical Practitioners Registration Act1968 according to which not withstanding anything to the contrary in any other law for the time being in force, no person other than a registered practitioner shall, without the previous sanction of the Government be competent to hold any appointment as Physician, surgeon or other medical officer in any approved institution which is supported wholly or partly out of the funds of the State or the fund of a local authority, no certificate required by law to be given by a medical practitioner shall be valid unless signed by a registered practitioner and that he is not having sufficient recognised qualification to practice as a Cardiologist and hence be punished. Dr.E.Ravinder Reddy, Member, speaking on the occasion has expressed that Censure be imposed on the Respondent for his lapses and the unethical acts in which he had been indulged. Dr.P.Sucharitha Murthy, Ex-officio Member expressed the view that there should be strong message go to other doctors who are indulged in such un-ethical acts and thus violating the provisions of Code of Medical Ethics prescribed by the Medical Council of India as notified in IMC Regulations, 2002. Dr.Hanumanlu, Joint Director Health, representing the Ex-Officio member of the Council (Director of Health) has expressed the view that Censure be imposed on the Respondent for his lapses and the un-ethical acts in which he had been indulged. Dr.T.Ravi Raju, Director of Medical Education and Ex-officio Member expressed the same view. Dr.G.Balamaddaiah, Dr.V.Ram Prasad, Dr.S.Srinivasa Reddy, members speaking on the occasion have expressed the view that the name of the respondent be removed from the Medical he should

Register for a period of three months for the un-ethical acts committed by the respondent, Dr.A.Sai Ravi Shankar. Dr.K.L.Sampath Kumar, ViceChairman, Dr.N.Kishore, Dr.E.Ravinder Reddy and Dr.P.Sucharitha Murthy expressed the view that Censure be imposed on the Respondent for his lapses and the un-ethical acts in which he had been indulged. Dr.G.Balamaddaiah participating the discussion once again has expressed his further view that censure be imposed and the same will be notified in press. Dr.K.Ramesh Reddy intervening with the views expressed by the other members have expressed that ignorance is also a wrong. Dr.P.Sucharitha Murthy expressed her further view that there shall be preventive measures taken through Indian Medical Association. Dr.N.Kishore expressed his further view and stated that some doctors are ignorant we should take action against the erring doctors against whom complaints are received. The General Body came to the conclusion that it is necessary to suspend respondent doctors against whom complaints are received for practicing in-completed PG Degrees/PG Diplomas while displaying as suffix to their names such PG Degrees / PG Diplomas. The General Body perused the prescription pads issued by the Respondent Dr.A.Sai Ravi Shankar and decided to mark the same as Exhibit P 1, Exhibit P 2, Exhibit P 3, Exhibit P 4. The General Body noted that the document Exhibit P 1, shows as Dr.A.SAI RAVI SHANKER, M.D (Med) (DNB tr.)., D.Card (NIMS., Hyd.) CONSULTANT CARDIOLOGIST. The document Exhibit P 2, shows as Dr.A.SAI RAVI SHANKER, M.D (Med) (DNB tr.)., D.Card (NIMS., Hyd.) CONSULTANT CARDIOLOGIST. The document Exhibit P 3, shows as Dr.A.SAI RAVI SHANKER, M.D (Med) (DNB tr.)., D.Card (NIMS., Hyd.) CONSULTANT CARDIOLOGIST. The document Exhibit P 4, shows as Dr.A.SAI RAVI SHANKER, M.D (Med) DNB Card (NIMS., Hyd.) CONSULTANT CARDIOLOGIST. The General Body came to the conclusion that the respondent is displaying as suffix to his name the un-recognized diploma and also

displaying the DNB Card (NIMS., Hyd.) whereas it appears that he underwent training for DNB for few months. In this context, the General Body has perused the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 notified in PART III-SECTION 4 of the Gazette of India Dt: April 6, 2002 and noted that:
1. B. Code of Medical Ethics Duties and responsibilities of the Physician in general. 1.1.1. 1.4 1.4.2 A Physician shall uphold the dignity and honour of his Display of Registration numbers Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honors which confer professional knowledge or recognizes any exemplary qualification/achievements. CHAPTER-7 7. MISCONDUCT:The following acts of commission or omission on the part of a physician shall constitute professional misconduct rendering him/her liable for disciplinary action. 7.1 Regulations. 7.3 If he/she does not display the registration number accorded to him/her by the State Medical Council or the Medical Council of India in his clinic, prescriptions and certificates etc. issued by him or violates the provisions of regulation 1.4.2. CHAPTER-8 8. 8.1 PUNISHMENT AN DISCIPLINARY ACTION It must be clearly understood that the instances of offences and of Professional Violation of the Regulations: - If he/she commits any violation of these profession.

misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action and that by issuing this notice the Medical Council of India and/or State Medical Councils are in no way precluded from considering and dealing with any other form of professional misconduct on the part of a registered practitioner. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any

of these categories. Every care should be taken that the code is not violated in letter or spirit. In such instances as in all others, the Medical Council of India and / or State Medical Councils have to consider and decide upon the facts brought before the Medical Council of India and / or State Medical Councils. 8.2 It is made clear that any complaint with regard to professional misconduct can be

brought before the appropriate Medical Council for Disciplinary action. The appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/Societies/Bodies. The General Body noted that according to regulation 1.4.2 Physicians shall display Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honors which confer professional knowledge or recognizes any exemplary qualification/achievements.

The General Body also noted that according to regulation 8.1 Every Care should be taken that the code is not violated in letter or spirit and according to regulation 8.2 If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/Societies/Bodies. In view of the foregone provisions, the General Body came to the conclusion that the case of this respondent i.e. Dr.A.Sai Ravi Shankar is a fit case where it is necessary for the Council to award such punishment as deemed necessary. Accordingly, the General Body came to unanimous conclusion that the name of Dr.A.Sai Ravi Shankar (bearing registration No.62534) be removed from the Medical Register as per provisions of

Section-17 (2) r/w Sectopm-15 (4) of Andhra Pradesh Medical Practitioners Registration Act-1968 for a period of one month from the date of communication made by the office in this regard. It is also decided to direct the respondent to surrender his original registration certificates of MBBS as well as MD (General Medicine) in accordance with Section 17 (5) of the Act. It is also decided to communicate the same to the Registrar, Orissa Council of Medical Registration for necessary action at their end. Then No.12/2008 the General of the complaint Body Ethical made has & by considered the Observations/ in Case Devi against recommendations Mal-Practices Committee

Mrs.Ramalingeswari

Dr.P.Aruna, Aruna Nursing Home, Hyderabad. The General Body noted that the Ethical & Mal-Practices Committee after detailed discussion and taking into consideration of the material available on record made the following observations/recommendations:
The complainant, Smt.Ramalingeswari Devi in her complaint alleged that After conceiving the pregnancy, she visited Dr.Aruna Hospital for consultation that she used to go every month for check up, she had undergone scanning in the month of 03-02-2007 at DBR Diagnosis at Dilsuknagar, Hyderabad. After completion of 8 months, doctor has refused the case to take up until delivery. The doctor advised her that she is not going to take the case and the reason she said is that the patient is HB + for that, her hospital is not equipped to counter this problem. Until 8 months, doctor said that the baby condition is good. After 8 months all the difficulties started. After doctor declined to take up the case we went to Fernandez Hospital at Abids, Hyderabad. Then they went to Dr.Kasturi. She has taken the case and advised the patient to undergo scanning. In scanning, they found that the baby body is not grown properly and they said that the baby to going short. In the month June 13, I delivered female baby with multiple anomalies. They have taken baby to Aruna Hospital to know the facts about the case. The doctor refused to give proper reply on this and according to her husband the doctor has every right to reject the case at any time without giving any reason. Is it true! If a lay man faces this type of situation, where the patient has to go. Is the way Dr.Aruna treats the patient. They went to police station to lodge a complaint against doctor, but they have refused to take up the case. The baby lived for 3 months with so many problems and last she passed away on 13th Sept. 2007. Due to negligence on the part of doctor and diagnosis centre, they have lost baby and

there is no value for the same. She has stated that they have taken the baby to Rainbow Hospital and kept the baby under observation for 2 days; the hospital authorities have also do not have solutions to the problems that baby is facing. Even Insurance Company has not paid the expenses for the baby and declined the expenditure occurs during the treatment, the reason is that the baby was born with so many anomalies and there is no coverage for this. As per the notice issued in this regard, the respondent filed her reply affidavit duly denying the allegations made against her. In her reply affidavit she has stated that the complainant came to my hospital for ante-natal care as an outpatient till 32 weeks of pregnancy, the last consultation being on 05-05-2007, that she was advised to come after 2 weeks for a review. But she did not come and as stated by the complainant she went to Fernandez Hospital, Hyderabad and delivered a child with congenital anomalies She has further stated that It is not true that the doctor refused to continue Medical Care on the ground of Patient being HBSAg Positive as alleged by her since she was under my care even after being detected positive She concluded her reply requesting the A.P.Medical Council not to consider the false allegations made against her.

As per the decision in this regard, both the parties have appeared before the Ethical & Mal-Practices Committee on 30.04.2009. The husband of the complainant requested for adjournment of hearing on the ground that they have received the notice on 29.04.2009. Accordingly, the hearing of the case has been adjourned to 26-05-2009. The Complainant, Smt. Mrs.Ramalingeswari Devi appeared before the Committee and her statement is on record. (Pages: 196 & 197 of material papers) The respondent, Dr.P.Aruna appeared before the committee and her statement is on record. (Pages: 197 & 198 of material papers) The E&MPC noted that as per the direction given in this regard, Dr.Aruna has submitted evidence to show that she has taken up Hbs.Ag Positive cases for delivery and Caesarean Sections. The Ethical & Mal Practices Committee on the basis of material available on record and taking into consideration of the statements made by the parties concerned, observed that there is no negligence on the part of

Dr.P.Aruna

in

treating

the

Complainant,

Mrs.

C.Ramalingeswari

and

recommends to the Executive Committee accordingly. The Executive Committee considered this item in its meeting held on 01.07.2009 and approved the observations/recommendations of the Ethical & Mal-Practices Committee. The General Body taking into consideration of the material available on record and the statements made by the parties concerned and the observations/recommendations of the Ethical & Mal-Practices Committee as approved by the Executive Committee has decided that there is no negligence on the part of the respondent Dr.P.Aruna in treating the patient/ complainant, Mrs.C.Ramalingeswari Devi at Aruna Hospital, Hyderabad. Then the General Body has considered the observations/recommendations of the E&MPC in Case.No.13/2008, i.e. the complaint made by Mr.Ravinder Dwivedi against Dr.Sunil Kapoor of Care Hospital, Hyderabad. The General Body noted that the complainant has not attended for the hearing, though Regd. A/D notice was sent to him. The General Body noted that:
Sri Ravinder Dwivedi, in his complaint made to the Honble Minister of State, Home Affairs, Government of India, has stated that All India Anti Corruption Committee is an NGO working in all over India against corruption, atrocities, irregularities, misuse of the post and power and that the Committee received many written complainants against Care Hospital, Nampally, Hyderabad. He has alleged that one by name Laxmi Bai, aged 88 years admitted in Care Hospital on 15.10.2007 at around 02.00 PM as she was not feeling well, Dr.Sunil Kapoor under whom the patient admitted did not bother to visit the patient till 16.10.2007. Only Junior Doctor attended after admission in A.M.C. Dr.Sunil Kapoor did not attend the patient. When the grandson namely, Mr.Shyam came to know when he visited the Hospital in person and tried to find out what treatment is being given to the patient and asked the Medical Prescription, then the duty Junior Doctor refused to give and they asked to contact Dr.Sunil Kapoor only in this matter. After lot of efforts, Mr. Sham met Dr.Sunil Kapoor and he told him that patients respiratory system completely collapsed for that he asked him to deposit Rs.1,00,000/- (Rupees One Lakh Only) and then only he will start treatment. When Mr. Sham asked about the type of medical prescription, Dr.Sunil Kapoor became angry and abused him in filthy language and warned to take his patient

back and prepared a false discharge report and bill for an amount of Rs.13,892/-. Lastly relatives of the patient shifted her to another hospital by name Woodland Hospital, Barkathpura, Hyderabad wherein proper care and attention was paid by the Doctor and patient recovered there and feeling more comfortable. He has further stated that on receipt of the complaint, committee has verified this matter and contended that all the allegations made against Dr.Sunil Kapoor are true and correct. He alleged that not only Care Hospital was topper in mis-utilization of CGHS Funds and they are also collecting huge amount from the relatives of the patient on false tests and treatment. He further contended that they are harassing the patient in different ways and prayed and requested to look in to the matter and take stringent action against Dr.Sunil Kapoor and save the patients. The under Secretary to Government of Indian, Ministry of H&FW in his letter dt:30.05.2008 addressed a letter to the Health Secretary Govt. of Andhra Pradesh and a copy of the same has been marked to the Secretary, MCI, New Delhi. The Secretary MCI in his letter dt: 04.08.2008 forwarded the said complaint to Andhra Pradesh Medical Council and requested to investigate and take necessary action in the matter. As per the notice issued the Respondent, Dr.Sunil Kapoor has submitted his detailed explanation and stated that Mrs.Leela Bai Nainani 88 years old lady was brought to the hospital with severe breathlessness to emergency room of Care Hospital. (i) She was attended to by the Casualty Medical Officer, Cardiology, DMO, who are experienced and not junior doctors as falsely alleged (ii) At care Hospital experienced doctors like Cardiologists, Cardiac Surgeons, anesthesiologists who are seniors and experienced are available round the clock. After initial treatment in E.R. and AMC, the patients condition improved. (iii) The attendant of the patient deposited Rs.15,000/- and not Rs.1,00,000/- as falsely alleged (iv)Mr. Sham spoke to Dr.Sunil Kapoor on his mobile phone late at night asked for immediate appointment, the doctor explained the condition of the patient and told the attendant not to travel, which he said he was doing. The doctor told that all reports will be coming by 10.30 A.M. and he asked Mr.Sham to meet him at 11.00 AM. (v) All Hematological, Bio-chemical, ECG, Chest X-Ray, Blood Oxygen reports were evaluated and patient was put on Oxygen and CPAP and other medications. The doctor explained Mr.Sham that primarily the lungs of the patient were week and also lungs specialist was informed. Dr.Sunanda, Lungs Specialist has seen the patient and also advised Mr.Sham. It

was also told to Mr.Sham that since it was primarily lung problem he can also discuss with lungs specialist Dr.Sunanda. After discussing the patients problem with Dr.Sunanda, Mr.Sham said that he wants to take the patient to another specialist in another hospital. Hence, the patient was discharged and ambulance was arranged by the hospital and the patient was taken to another hospital by the Hospital Ambulance with Oxygen and treatment being delivered on the way. (vi) The total bill including investigations, bed charges, treatment etc amounted to Rs.13,982/- and the consultations with specialists amounted to only Rs.1,100/-. An amount of Rs.1,108/- was refunded, by the billing department of the hospital. (vii) The amounts deposited with the billing department, the PRE deals with this and the doctors are in no way concerned with billing matters, as they are busy in attending to sick patients. (viii)The hospital bill is being provided as proof. The Respondent, Dr.Sunil Kapoor has contended that all the allegations are false, mischievous and made without any proof and defamatory. As per the decision taken in this regard, summons were issued to both parties, to appear before the committee.

The Respondent, Dr.Sunil Kapoor appear before the committee and his statement is on record. (Pages No.152&153 of material papers).
The E&MPC noted that the Case-sheet pertaining to the patient, Mrs.Laxmi Bai has not been submitted. As per the direction given in this regard, Dr.Sunil Kapoor submitted the case sheet pertaining to the patient, Mrs.Laxmi Bai. After taking into the consideration of the entire material on record, the statement made by the respondent, Dr.Sunil Kapoor and on perusal of copy of the case sheet provided by him, the committee came to the conclusion that there was no negligence on the part of Dr.Sunil Kapoor in treating the patient Mrs.Laxmi Bai. The E&MPC as admittedly noted that the patient was shifted to another hospital and recovered there.

The Executive Committee considered this item in its meeting held on 01-07-2009 has approved the observations/recommendations of the Ethical & Mal Practices Committee. The General Body after taking into consideration of the material available and the statements made by the Respondent and the observations/recommendations of the Ethical & Mal-Practices Committee as approved by the Executive Committee has decided that there is no negligence on the part of the respondent Dr.Sunil Kapoor in treating the

patient,

Mrs.Laxmi

Bai

(aged

88

years)

at

Care

Hospital,

Nampally,

Hyderabad. E&MPC Meeting Dated: 28.07.2009 E. Then the General Body has taken up for consideration of the Minutes of the Ethical & Mal-Practices Committed dated 28-07-2009. The General Body noted that the Ethical & Mal Practices Committee has recorded the statement of the Respondent in Case No.01/2009, the statement of the Complainant in Case No.02/2009. The General Body noted that the E&MPC made its observations in Case No.18/2008 and 23/2008. The General Body also noted that the E&MPC considered Case No.22/2008, Case No.17/2008, Case No.20/2008, Case No.21/2008, Case No.19/2008, Case No.16/2008, Case No. 03/2009, Case No.08/2009, Case No.09/2009 for taking further necessary action. CASE NO.18/2008:- Complaint made by Sri M.G.Ramulu Yadav against Dr. Vishnu Vardhan Reddy, Zaheerabad.
The General Body noted that the Ethical & Mal-Practices Committee made the following observations / recommendations: The E&MPC has gone through the complaint and noted that the complainant has alleged that Dr.M.Vishnu Vardhan Reddy is running a Private Orthopaedic Nursing Home and he does not possess any degree in Orthopaedics. He is also running Sai Diagnostics and also working in Govt. Hospital, Zaheerabad. He has done several operations in Private and Government Hospitals, without possessing orthopaedic degree and the patients are suffering a lot. He has requested for taking appropriate action against him. As per the notice issued in this regard, the respondent has filed his reply affidavit stating that the complainant Mr.Ramulu Yadav developed political grudge on account of the reckless conduct with senior leaders of TDP and in fact, the district leader who is active presently in TDP was earlier elected as MLA from Congress party from Zaheerabad assembly segment is related to the complainant. He contended that to wreck vengeance against the senior leader he is making the complainant to use as his tool, to extract favouritism and trying to indulge in all mud-slinging acts to blemish the professional reputation and added to above, some doctors working in Government Hospital at Zaheerabad, maintaining separate clinics have also developed professional jealous. He

contended that he has never been indulged in any professional mis-conduct, irregularities or etiquette or not violated any professional ethics. As per the Summons issued in this regard, the Respondent, Dr.M.Vishnu Vardhan Reddy appeared before the Committee and his statement is on record. (Pages: 220 & 221 of material papers)

Later, the complainant, Sri M.G.Ramulu Yadav present himself alongwith his Counsel and submitted an application requesting the Council to permit withdrawal of his complaint on the ground that originals of xerox copies enclosed to his complaint are missing and not traceable despite of all his sincere efforts. He has further stated that politicians have developed grudge over Dr.M.V.Reddy and misguided him. He has also stated that in the present circumstances and after careful consideration of Legal Opinion, he felt it necessary to seek the Councils permission for withdrawal of his complaint, which is pending for an enquiry stating that he is withdrawing the Complaint made by him against Dr.M.Vishnu Vardhan Reddy. After taking into consideration of the statement made by the respondent, Dr.M.Vishnu Vardhan Reddy, wherein he has denied the stating

allegations made against him and the application of the complaint

that he is withdrawing the complaint, it is decided that if he is found henceforth practising as Orthopedic Surgeon, action will be contemplated. It is also decided that the observation of the Executive Committee will be taken into consideration and the name of respondents hospital to carryout joint inspection by CME Committee, Ethical & Mal Practices Committee and Legal & Anti-Quackery Committee will be included at an appropriate time. The Executive Committee in its meeting held on 01.07.2009 has considered this item and decided to approve the observations/recommendations of the Ethical & Mal-Practices Committee. Then the General Body has considered the entire material on record and decided to treat the complaint as withdrawn. It is also decided that the respondent be warned not to practice as Orthopaedic Surgeon hence forth. It is also decided that the name of respondents hospital to carryout joint inspection by the CME Committee, Ethical & Mal Practices Committee and Legal & Anti-Quackery Committee will be included at an appropriate time.

E&MPC Meeting Dated:08.09.2009:F. & 18/2009, Then the General Body has considered the Minutes of the Ethical & Mal MPC has considered Case Case Practices Committee dated 08-09-2009. The General Body noted that the E No.01/2009,02/2009,03/2009,04/2009,08/2009,09/2009, Cases No.15/2009 No.16/2008,17/2008,19/2008,20/2008,21/2008,22/2008,02/2008,07/2008. The General Body noted that in Case No.03/2009 and Case Nos.08/2009, 16/2008 the E&MPC recorded the statements of the parties concerned and in Case No.09/2009. The E&MPC recorded the statements of the Complainant and Respondents Counsel. The General Body noted that inspite of the summons issued in this regard, the Complainant in Case No.19/2008 did not appear before the E & MPC and in other cases, the E & MPC has decided to take further necessary action. Case No.17/2008:In the complaint made by Sri Kalluri Adinarayana against Dr.Garikapati Subba Rao, the General Body noted that the Complainant in his complaint dated 09-09-2008 has alleged that Dr.Garikapati Subba Rao(MBBS) is running his Nursing Home and practising for the last 30 years and in his hands number of patients died. He has alleged that his, Smt. Kalluri Subbayamma is one among them. He has further alleged having noticed the corrupt practices of the said doctor, such as selling medicines without any license and earning lakhs of rupees and the same has been complained to the authorities of Commercial Tax Department.
The complainant has further alleged that as per GO No.135, there are certain standards to be observed. There are no trained Nurses or Compounders and the names of persons who are working as Compounders have been furnished to the DM&HO. X-Ray Machine is there and has been in use but for the past several years. Scanning Machine is there and Scanning has been done by the doctor for several patients and the Respondent has permitted Sri A.M.Rao to run Medical Shop and there is no Pharmacist. The Complainant has contended that the Respondent is dispensing medicines without proper accounts and records and he is having sufficient evidence to prove the same. As per the decision taken in this regard, the complainant was requested to file his complaint in the

form of an affidavit as per APMC Rules, 1978. He submitted his complaint as per the Rules. As per the notice issued in this regard, the respondent, Dr.Garikapati Subba Rao filed his reply affidavit wherein he has stated that he is running the Nursing Home at Edlapadu. He has also stated that the allegation with regard to the death of Kalluri Subbayamma wife of the complainant, it is totally false and concocted for the purpose of blackmailing him thereby to get huge amounts from him. He has also stated that Smt. Kalluri Subbayamma was died at St.Josephs Hospital, Guntur on 19.10.2007 but not in his nursing home as alleged. He has stated that his Nursing Home is situated at a corner of a village and he

faced lot of problems in the course of treatment and hence dispensed the required drugs to his patients only. He has stated that as a doctor, he is exempted from taking drug license u/s K (5) Drugs and Cosmetics Act to dispense the drugs to his patients only on no profit no loss basis. He has stated that he has paid Turn Over Tax to CTO Chilakaluripeta under protest. He has contended that he has dispensed the medicines to his patients only and as per the direction of the CTO, Chilakaluripeta he has paid Rs.34,860/- whereas the actual tax was only Rs.12,866/- for four years. He contended that the authorities never alleged theft of energy or tampering with meter. As to the allegations with regard to G.O.Ms.No.135, he has stated that the process of registration of nursing homes in the district is going on. He has applied for Registration of his Nursing Home. The respondent has stated that the complainant is harassing and threatening the officers to take action against him though there is no fault from his side and the complainant is a habitual petition-monger. He has stated that his nursing home is small one and he is only a graduate and he personally attends those few patients who will come to him. Trained nurses and compounders are not readily available as his income is small and the village is small. He has stated that he has engaged one MPHW and still in search of qualified person and three women possessing GNM qualification will come to work in his Nursing Home from January, 2009. He contended that they will assist him but wont extend their services to the patients. With regard to the X-Ray Plant, he has stated that the same is run by an independent technician and he is a qualified one. He is running his Laboratory in a room taken on rental basis and the respondent is not concerned with the same. With regard to Ultra Sound Scanning machine, he has stated that he is qualified and obtained permission

from DM&HO, Guntur as required under law. He has stated that he is not concerned with the Medical Shop and the owner has obtained Drug License from the concerned Inspector of Drugs and is running the shop independently. With regard to the press clippings dt.15-09-2008, he has stated that the allegation is totally false and he never used to draw blood in his nursing home. He contended that the paper clipping and the photo goes to show that it was snapped un-noticedly without anybodys permission. The X-ray plant can also be seen in the photograph and the respondent is not concerned with the laboratory and its maintenance. He has further stated that he came to know that no drawal of blood took place as alleged and the technician Mohan Gandhi stated that whenever a patient is unable to step on to the table for X-ray, somebody will help him; this photograph was taken on such one occasion with a malafide intention, perhaps by the complainant himself. He contended that the entire story was concocted by the complainant with the help of the Reporter of the Andhra Jyothi, who is none other than his relative. As per the decision taken in this regard, summons were issued to both parties to appear before the Ethical & Mal-Practices Committee on 26-06-2009.00 The Complainant did not appear, but the respondent, Dr.G.Subba Rao has appeared before the Committee and his statement is on record. (Pages: 170 & 171 of material papers) On 28.07.2009 complainant, Sri Kalluri Adinarayana Rao appeared before E&MPC. His statement is on record. The Ethical & Mal Practices Committee has once again gone through the entire material on record and the statements made by both parties, came to the following conclusions: (i) (ii) (iii) (iv) (v) There is no negligence on the part of the Respondent Dr.G.Subba Rao in treating the patient. After going through the record, it is evident that the respondent has referred the patient to higher centre. The death has not occurred in the Hospital of the Respondent. The Respondent is a qualified person. The Respondent has not preserved or prescribed spurious medicines; the report of the Drug Inspector in this regard makes it clear.

(vi)

The Respondent has got his nursing home registered under Clinical Establishment Act and as per the evidence produced by him in this regard, it is clear that the Respondent has not violated the guidelines issued by the State Government in G.O.Ms.No.135.

In view of the foregoing conclusions and in view of the fact that the Respondent has not indulged in any un-ethical act as alleged by the Complainant Sri Kalluri Adinarayana, the Ethical & Mal Practices Committee concluded that the allegations made by the Complainant are not proved. The E & MPC recommended accordingly to the Executive Committee for necessary decision in this regard. The Executive Committee in its meeting held on 22-10-2009 has approved the observations/recommendations of the E&MPC. The General Body taking into consideration of material on record together with statements of parties concerned and the observations/recommendations of the E&MPC as approved by the Executive Committee has decided to approve the same. The General Body came to the conclusion that there is no negligence on the part of the Respondent Dr.G.Subba Rao in treating the patient and as per the record, it is evident that the respondent has referred the patient to higher centre and the death has not occurred in the Hospital of the Respondent. Moreover, the Respondent is a qualified person. As per the available records, the Respondent has not preserved or prescribed spurious medicines; as per the evidence produced by him, he got his nursing home registered under Clinical Establishment Act and as such he has not violated the guidelines issued by the State Government in G.O.Ms.No.135. The General Body approved the action taken by the Ethical & Mal Practices Committee in its meeting held on 08-09-2009 in other cases. E&MPC Meeting Dated:22-10-2009:-

G.

Then the General Body has considered the Minutes of the Ethical & The General Body noted that the E & MPC has considered Case

Mal-Practices Committee dated 22-10-2009. No.01/2009, 02/2009, 03/2009, 08/2009, Case No.15/2009, 16/2009,

20/2008, 21/2008, 22/2008, 02/2008, 07/2008. The General Body noted that in Case No.01/2009 the complainant did not appear before the committee on 22.10.2009 inspite of three notices

issued in this regard. The E&MPC on the basis of material available on record has made its detailed observations/recommendations. In Case No.02/2009 the respondent was absent and the E&MPC has considered the representation of his counsel. In Case No.03/2009 the E&MPC in its meeting held on 08.09.2009 has permitted the respondent, Dr.Sameer Diwale to file Additional Affidavit and other material and the E&MPC has considered the same in the meeting held on 22.10.2009 for making its detailed observations/recommendations. In Case No.08/2009 the E&MPC made its detailed observations/recommendations. In Case No.20/2008, the complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, it has been decided to close the case in the absence of further complaint from the complainant. In Case No.21/2009, the E&MPC has obtained legal opinion of the Standing Counsel of APMC. The Standing Counsel has advised that the matter be kept in abeyance in respect of proceeding initiated against Dr.V.Murali Mohan Rao until final disposal of W.P.No.18733/2009 by the Honble High Court. The Standing Counsel also advised that summons be issued to other respondent i.e. Dr.Sudha Ramana directing her to appear before the E&MPC in its next meeting. In (i) Case Case No.16/2009, The the E&MPC made by made its detailed against observations/recommendations. No.01/2009:complaint Sri.K.Prasad Dr.Srinivas Bathini, Ongole.
The General Body noted that the complainant, Sri K.Prasad made a complaint against Dr.Srinivas Bathini, Sarada Childrens Hospital, Ongole. The members have noted that the complainant in his complaint has stated that they had a baby on 17th January, 2009 and it was a caesarian at a small town i.e. Kandukur and the local doctor advised him to take the baby to a Diabetic checkup, (keeping in mind that the babys grandparents have diabetes) to Ongole immediately after birth and referred to Dr.Srinivas Bathini, M.D. (Paediatrics), MRCPCH (U.K.) of Sarada Childrens Hospital. The mother and father of the baby are not diabetic. The babys cry was normal and had no convulsions. The doctor was telling every one who visited the baby that he had brought down the sugar levels from

2000 without giving any insulin, which the complainant feels is not possible. He was also not willing to test the baby for serum bilrubin even after repeated requests. The complainant felt that the doctor was trying to retain the baby for more number of days in the hospital and misguided us with the 2000 mg/ dl report and was not willing to test serum bilrubin. The 211 report could also been taken when the IV was administered. The complainant contended whether Neonatal Jaundice require hospitalization in ICU for four days and is the 2020 mg/dl blood sugar report correct? . The Respondent, Dr.Srinivas Bathini has submitted his explanation and stated that on 17th January, 2009 the Baby was brought to Sharada Childrens Hospital, Ongole on the advice of Dr.Aluri Prabhakar Rao who suspected Neonatal Diabetes and requested him to do diabetic screening keeping in view the genetic predisposition for diabetes, as both the babys grandparents were known diabetics. He has stated that the first sample report had a reading of 2020mg/dl (17.01.2009) which is by all means an abnormal reading which also had been cross checked & concurred by another lab which too gave an abnormal reading of 1690mg/dl. He contended that with such high readings the clinical condition of the baby should have been worse than the then exact prevailing condition of the baby and stated that in day to day practice they come across false positive, false negative and some abnormal report too. He has further stated that the new born baby with diabetes can have hyperglycemia, acidaemia, dehydration. After further clinical observation of the baby, they administered supportive care in the form of maintenance intravenous fluids, continued warmer care, inj.vitamin k stat dose, inj.fortum 125 mg bid, inj. zinetac 5 units bid, 30 ml of oral feeds 2nd hourly in the form of lactogen1. With the above treatment, the babys clinical condition was stable for the next 48 hours. During the process of observation and supportive care on day 3 the baby developed neonatal physiological jaundice which was assessed clinically by Crammers method and was put on to phototherapy in consonance to the guidelines. The Babys general condition was stable and with phototherapy treatment the condition of physiological jaundice had started improving clinically. The physiological jaundice started declining from day 5 and was out of phototherapy zone on the 6th day of life. He has concluded that the complainant has marked the subject of his complaint as Neonatal Diabetes measuring 2020 mg/dl, it is exactly and rightly because of this 2020

mg/dl, that he had to embark on this particular treatment as explained above. Having thus tabled an exhaustive report as to the facts and exigencies dealt with in relation to the case and he expressed that the committee perceives the case in its entirety considering the fragility and all factors and regimens backed by respective established and widely followed references. He has enclosed certain references on which he relied upon. He has further stated that it is perplexing to note that despite the baby being discharged from the hospital in a hale & healthy condition and who continues to be in the pink of health even to this day (six months after being discharged), it is unfortunate to have such allegations leveled against a successful, methodical & professional treatment of the neonate. He contended that the complainant being a medical non-expert misinterpreted his treatment process. He has also stated that all analysis, decision making and treatment have been done with utmost regard to the oath taken by the medical fraternity and in tune to his conscience. The General Body also noted that as per the decision taken in this regard summons were issued to the complainant to appear before the E&MPC for 3 times. The General Body noted that the E&MPC in its meeting held on 22.10.2009 sought for the opinion of the Standing Counsel of APMC who was present. He expressed the view that as per rules, the E&MPC may take necessary decision in this matter. The General Body noted that the respondent was present before the E&MPC on 28.07.2009. The members have gone through the following statement of the respondent.
The Statement of Respondent Dr.Bathini Srinivas

1. 2.

Since how many years you are practicing at Ongole? What is your qualification and where you completed?

Ans. From past 2 years. Ans. M.D (Paediatrics), J.J.M.Medical College, Davanagere recognized by Medical Council of India. 3. Have you registered your MBBS & MD (Paediatrics) with APMC? Where you did your MBBS and your P.G. Degree?

Ans. No, MBBS from Bangalore University (Sri Devaraj Urs Medical College, Kolar) 4. and M.D (Paediatrics), J.J.M.Medical College, Davanagere recognized by Medical Council of India. Do you know that with out registration in APMC you are not suppose to practice in Andhra Pradesh? Ans. As I was practicing in Karnataka State for the past 10 years and registered at KPMC, I was in an opinion that if I was registered in one state we can practice any where in the country as my both the degrees were recognized by MCI. 5. What is the MRCPCH (UK) which was prescribed on your prescription pad? Did you get that MRCPCH Degree? Ans. Member in Royal College of Paediatrics and Child Health (UK). Doing the course. 6. 7. 8. 9. 10. 11. Have you passed MRCPCH or appearing for examination? What was the condition of the baby at the time of admission? Whether these findings recorded in Case Sheet or not? Whether the baby was there as in-patient or not? What are the investigations advised by you at the time of admission? What was the clinical diagnosis at the time of admission? Did you suspect Neonatal Diabetes at the time of admission? Ans. Hypothermia, Neonatal Diabetes was not suspected at the time of admission. 12. What made you to keep the baby as inpatient for 6 days? Random Blood Sugar Level reports and Neonatal Ans. Abnormal Physiological Jaundice. Ans. Appearing for examination. Ans. The baby was Lethargic, Hypothermic and Hypoperfused. Ans. No. Ans. Yes. Ans. Random Blood Sugar levels.

13.

Do you think that very high report of Blood Sugar i.e. 2020 is because of the wrongly sent blood sample or wrong reporting of the Lab or the baby really suspected diabetes?

Ans. The baby was not really suspecting diabetes. Hence we had not started on Insulin therapy. The abnormal reports may be due to either wrong reporting of the Lab or may be due to any contamination. 14. Did you enclose the report of the other lab which cross checked with first lab report? Ans. No. 15. Where is the Case Sheet? What about the Jaundice? (will be produced within three weeks). The Neonatal Ans. Available Physiological Jaundice was diagnosed clinically on 3 rd day of life and was started on photo therapy. 16. Why do you think that the patient complaint against you? opinion that I have hidden the truths regarding the case. 17. 18. Do you got evidence to say that this type of picture can present in normal baby? Why Serum Bilrubin was not done even after repeated requests made by the complainants? Ans. Because already the baby had undergone repeated investigations for Blood Sugar levels, I had hesitated to do Serum Bilrubin levels to maintain Hemoglobin Percentage as the Physiological Jaundice can also be clinically diagnosed. 19. 20. How many days you can keep the Neonatal Baby in ICU for Jaundice? Do you accept that you have committed mistake in keeping the baby as inpatient, mis-diagnosis and wrong treatment? Ans. 2 to 3 days. Ans. Yes, according to various reputed medical text book references. Ans. Because of the abnormal lab reports the complainant was in the

Ans. No. As the patient is very well known to the referring doctor, the referring doctor had requested me to take good care of the baby and rule out Neonatal Diabetes. I had tried to give the best care in these circumstances even though the reports were very abnormal.
SD/DR.SRINIVAS BATHINI, RESPONDENT

The E&MPC after careful consideration of the material available on record and the statement made by the respondent Dr.Bathini Srinivas has come to the following conclusions: (i)
(ii)

He did not maintain proper records (Case Sheet). At the time of hearing, the Committee directed him for submission of records for the perusal of the Committee.

(iii) (iv)

Inspite of insistence in this regard, he did not submit the required records. The Committee noted that the respondent is displaying the degree of MRCPCH which he has not yet completed. As seen from his own statement, he is doing the course and appearing for the examination to be conducted by Royal College of Paediatrics and Child Health (UK).

(v)

In view of the foregone conclusions, the Committee is of the opinion that the respondent, Dr.Bathini Srinivas be warned for non maintaining proper records; he shall also be warned for non submission of records to APMC inspite of insistence for the same by the Committee. The Committee is of the opinion that he shall be warned for displaying the degree which he has not yet completed, since displaying such degree is an un-ethical act and the respondent doctor thereby violated the Code of Ethics incorporated in IMC Regulations 2002. The E&MPC also decided that the respondent, Dr.Bathini Srinivas be warned not to repeat such things in future.

The observations/recommendations of the Ethical & Mal-Practices Committee were placed before the Executive Committee on 22.10.2009 (03.00 PM).

The Executive Committee after taking into consideration of the entire material same. The General Body noted that the respondent, Dr.Srinivas Bathini has not submitted relevant records as insisted by the E&MPC. The General Body noted that in the discharge summary he has displayed to suffix his name, the Degrees of MD Ped. MRCPCH (UK), Consultant Neonatologist & Paediatric Intensivist . The members have noted that as per the statement made by the respondent before the E&MPC the MRCPCH (UK) stands for Member in Royal College of Paediatrics and Child Health (UK). The Members also noted that he is doing the course at present and appearing for the examination. The Members have gone through the provisions of IMC Regulations and noted that according to Clause 1.4.2 of the regulations Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honors which confer professional knowledge or recognizes any exemplary qualification/achievements. In view of the said provisions Dr.K.Ramesh Reddy, Member expressed the view that we should write to General Medical Council informing them about this doctor displaying the in-completed degree. Taking into consideration of the fact that the doctor is displaying an in-complete degree and thereby misleading the general public as well as members of medical fraternity. Thus he has violated the provisions of IMC Regulations 2002. The members have also noted that as to the question, did he enclose the report of the other lab which cross-checked with first lab report, he has replied No. As to the further question, Where is the Case Sheet? What about the Jaundice?. He has replied that Available (will be produced within three weeks). The Neonatal Physiological Jaundice was diagnosed clinically on 3 rd day of life and was started on photo therapy. The members noted that inspite of assurance given by him to submit the case-sheet, the respondent doctor has kept himself silent and did not submit the same to the Council. The members have also noted that the on record and taking into consideration of the observations/recommendations of the E&MPC has decided to approve the

respondent doctor has got himself registered in APMC recently whereas he is practicing in AP for the last few years which is contrary to the provisions of Section-20 of A.P.Medical Practitioners Registration Act, 1968. In this context, the members have gone through the following provisions of the IMC Regulations, 2002.
2. C. Code of Medical Ethics Duties and responsibilities of the Physician in general. 2.1.1. 1.4 1.4.2 which A Physician shall uphold the dignity and honour of his Display of Registration numbers Physicians shall display as suffix to their names only recognized professional knowledge or recognizes any exemplary profession.

medical degrees or such certificates/diplomas and memberships/honors confer qualification/achievements. CHAPTER-7 7. MISCONDUCT:The following acts of commission or omission on the part of a physician shall constitute professional misconduct rendering him/her liable for disciplinary action. 7.1 Regulations. 7.3 If he/she does not display the registration number accorded to him/her by the State Medical Council or the Medical Council of India in his clinic, prescriptions and certificates etc. issued by him or violates the provisions of regulation 1.4.2. CHAPTER-8:PUNISHMENT AN DISCIPLINARY ACTION 8.1 It must be clearly understood that the instances of offences and of Professional Violation of the Regulations:- If he/she commits any violation of these

misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action and that by issuing this notice the Medical Council of India and/or State Medical Councils are in no way precluded from considering and dealing with any other form of professional misconduct on the part of a registered practitioner. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. Every care should be taken that the code is not violated in letter or spirit. In such instances as in all others, the Medical Council of India and / or State Medical

Councils have to consider and decide upon the facts brought before the Medical Council of India and / or State Medical Councils. 8.2 It is made clear that any complaint with regard to professional misconduct can be

brought before the appropriate Medical Council for Disciplinary action. The appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/Societies/Bodies. In view of the foregoing observations and taking into consideration of the IMC Regulations-2002, the General Body came to the conclusion that the respondent doctor has indulged in un-ethical acts and thereby violated the provisions of IMC Regulations and acted in contravention to the mandatory provisions of APMPR Act, 1968. Therefore, the respondent doctor deserves for punishment and decided that the name of Dr.Srinivas Bathini be removed from the Medical Register for a period of One Month as per the provisions of Section-17 (2) r/w Section-15 (4) of APMPR Act, 1968 from the date of issuing orders in this regard. It is also decided to direct the respondent to surrender his Original Registration Certificate granted to him by A.P.Medical Council as per the provisions of Section-17 (5) of the Act.

(iii) Case No.20/2008:The E&MPC

The

complaint that

made a

by

Ms.L.Suvarna letter

against bearing

Dr.S.V.Adinarayana Rao, Prema Hospital, Visakhapatnam. has noted registered No.APMC/DC/015/Case No.20/2008, dt:02.09.2009 was addressed to both the complainant and the respondent. In the letter addressed to the complainant, she was requested to go to Dr.S.V.Adinarayana Rao, Prema Hospital, Visakhapatnam to give proper Physiotherapy and other measures as promised by him and to see that she will be able to walk without any support. She was also requested to inform this Council on this aspect. In the letter addressed to the respondent, Dr.S.V.Adinarayana Rao, he was requested to provide proper Physiotherapy and other measures as promised

by him and see that she will be able to walk without any support. He was also requested to inform the Council on this aspect. The E&MPC came to the conclusion that the complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao may be closed as there is no further complaint from the complainant regarding this case even after addressing her thorough this office registered letter No.APMC/DC/015/Case No.20/2008, dt:02.09.2009. The E&MPC recommended to the Executive Committee accordingly. The Executive Committee in its meeting held on 22.10.2009 (03.00 PM) has considered this item and decided that the complaint made by Ms.L.Suvarna be closed as there is no further complaint regarding this case even after addressing her thorough this office registered letter No.APMC/DC/015/Case No.20/2008, dt:02.09.2009. The General Body taking into consideration of the material on record together with the statements made by the parties concerned and the observations/recommendations made by the E&MPC as decided by the Executive Committee has decided taking to close the complaint of the made facts by and Ms.L.Suvarna. However, into consideration

circumstances of the case, it is decided that the matter has to be considered if the complainant makes fresh complaint on the default of the respondent to fulfill the assurance given by him to the Ethical & Mal-Practices Committee.
(iv) Case No.16/2009:The complaint made by Sri Meduri Ramesh Chandra against Dr.M.Bharathi and another. The E&MPC has gone through the reply furnished by M.Bharathi, Jt.Director, APFSL, Hyderabad and noted that Scientists (not medical practitioners) working in the DNA Section analyzed the samples with National/International standard methods and a report was submitted to the Addl. Senior Civil Judge Court, Tenali on 08.05.2005. The Committee has also noted that at present the matter is in the jurisdiction of Senior Civil Judge, Tenali, Guntur District. Taking into consideration of the explanation given by M.Bharathi, Joint Director, APFSL, Hyderabad and on perusal of the notes provided under this item the Ethical & MalPractices Committee came to the conclusion that the respondents do not fall within the jurisdiction of A.P.Medical Council since they are not registered medical practitioners. It is

decided to address the complainant, so that he may represent the matter before the concerned authorities for redressal of his grievance. The Ethical & Mal-Practices Committee recommended to the Executive Committee accordingly. The Executive Committee in its meeting held on 22.10.2009 (03.00 PM) has considered the above observations/recommendations of the Ethical & Mal-Practices Committee together with material on record has decided that the respondents do not fall within the jurisdiction of A.P.Medical Council as they are Forensic Experts. It was also decided that the complainant may be addressed so that he may represent the matter before the concerned authorities for redressal of his grievance. The General Body taking into consideration of the observations / recommendations of the E&MPC as approved by the Executive Committee has decided that the complaint made by Sri Meduri Ramesh Chandra against Dr.M.Bharathi and another may be dropped in view of the fact that the respondents are Forensic Experts and not registered practitioners and as such the A.P.Medical Council has no jurisdiction to enquire in to the allegations made against non-medical men. It is also decided that the complainant may be addressed so that he may represent the matter before the concerned authorities for redressal of his grievance. (ii) Case No.03/2009:- The complaint made by Sri Md.Reyaz Pasha against

Dr.K.Satyanarayana & Dr.Sameer Diwale. The General Body noted that the complainant Sri Md.Reyaz Pasha has stated that his daughter, baby Md.Shaistha was suffering with Cyanotic congenital heart disease, large sub aortic ventricular Septal defect, large patent Ductus Arteriosus Severe Pulmonary Artery Hypertension and she was admitted on 05-032007 in Wockhardt Heart Centre, Wockhardt Heart Hospitals, Kamineni Hospitals Campus, Hyderabad. The complainant has stated that he has paid the necessary doctor fees and surgery charges as demanded by the said hospital by applying to Govt. of A.P., Cardiac screening children below 12 years and the surgery i.e. cyanotic congenital heart disease, large sub aortic ventricular Septal defect, large patent Ductus Arteriosus Severe Pulmonary Artery Hypertension was performed to the baby Md.Shaistha on 07-03-2007. But due to medical negligence on the part of the said hospital, the patient developed post operative complications like febrile spike and the next day morning she was drowsy, not responding to commands, icteric and febrile and she was diagnosed to have cerebral malaria with

enteric fever and hepatic encephalopathy and as such the patient was transferred to pediatric ICU in Kamineni Hospitals with a view to cover-up their medical negligence during the pre-operative period and also during post operative care. He contended that the conduct of Wockhardt Heart Centre, Wockhardt heart Hospitals and Kamineni Hospitals amounts to deficit of service i.e. medical negligence as well as deficiency in post operative care. The General Body noted that as per the notice issued in this regard, the Respondents, Dr.K.Satyanarayana and Dr. Sameer Diwale filed their reply affidavits. Both of them have denied the allegations made against them. Dr.K.Satyanarayana has stated that there was no negligence either medically or otherwise on his part. He has further stated that it was the combination of Cerebral Malaria, Typhoid, Encephalopathy, Sepsis and Jaundice, which contributed to the deterioration of the patient. He has denied that the Wockhardt Heart Centre and Kamineni Hospitals colluded with one another and / looted the complainant by playing with the life of the victim baby in order to extract money as alleged or otherwise. Dr.Sameer Diwale in his reply affidavit has stated that the patient was discerned as a high-risk candidate for surgery in view of severe pulmonary hypertension. The 10% risk of mortality/morbidity was explained to the parents of the patient. He has stated that it was further explained that after the proposed operation it was quite possible that her PAH might not resolve completely and that she would lead a lifestyle with limited effort tolerance in such a situation. He has stated that the decision was taken to intubate and reinstitute mechanical ventilation. The patient was subjected to intensive chest therapy, endotracheal tube suction and given appropriate medicine to clear her lungs. He has also stated that the chest x-ray was done on 08-03-2007 which showed the endotracheal tube in place and no effusion or collapse of the lungs despite the bi lateral crepts and bronchi. He has stated that the reason for the transfer to the Paediatric ICU was to specialize and give optimal care to the patient and not due to the fact the diagnosis, which should have been allegedly done before the surgery being sought to be done now. The patient was treated continuously but due to the intrinsic and inherent condition of the patient there was no improvement. He contended that un-anticipated and un-known complication cannot be termed as medical negligence.

As per the subsequent notice issued in this regard, the complainant Md.Reyaz, the respondents, Dr.K.Satyanarayana, Dr.Sameer Diwale and Dr.S.Sunil Kumar appeared before the E&MPC on 08-09-2009 and their statements are as follows:

The Statement of the Complainant Sri Md.Reyaz Pasha: 1. 2. 3. 4. Ans. 5. Ans. 6. 7. Ans. 8. Ans. 9. Ans. 10. 11. Ans. 12. 13. Ans. 14. 15. When was the baby delivered? After completion of 9 months or not? Whether delivery was normal or Cesarean suction? Why the baby was taken to the Hospital? Where the baby was taken to first (Hospital) ? Yashoda Hospital, Malakpet, Hyderabad. Who has seen the baby in the Hospital? Dr.Narayana. Where the baby was taken subsequently? Who has referred to Wockhardt Hospital ? From Gandhi Hospital as per the scheme of Government. What was the age of the Child at the time of Operation? 7 years. Who has referred the baby in Kamineni Hospital? Dr.Sameer Diwale. After admission when the operation was done? What was approximate duration of the Surgery? 6 Hours approximately. When the baby got consciousness? Did the child recognized you after the operation? We are not sure. What did the doctor tell first? What was the doctor told before surgery? Ans. After completion of 9 months. Ans. Cesarean suction. Ans. Because of recurrent infection of cough and fever.

Ans. Gandhi Hospital, Secunderabad.

Ans. Next Day.

Ans. After 3 days the baby came to consciousness.

Ans. She will recovery slowly.

Ans. The Surgeon has assurance. Some times life may risk @ 10%. 16. 17. Ans. 18. Ans. 19. Ans. 20. Ans. 21. 22. Ans. 23. Ans. 24. Ans. 25. Ans. How many days, the baby stayed in the Wockhardt Hospital? When she shifted to Intensive Care to General Ward? After 8 days. What happened when the baby shifted to General Ward? 2 days afterwards she developed high fever and she got fits. When the Paediatrician was called? He was called only after the baby developed fits (conclusions). Who has advised to shift the baby from Wockhardt to Kamineni? The Paediatrician namely Dr.Satyanarayana. How many days, the baby was stayed in the Hospital (Kamineni) ? What was the diagnosis made by the Paediatrician? Infectious diseases damaged the brain. Whether there was any such fever before Surgery? Before the surgery, there was not fever, all the tests conducted shows normally of the baby. Do you think that Wockhardt Heart Centre and Kamineni Hospital are one and the same? No; both are separate. Who has asked money for hospital expenses? Kamineni Hospital; the money sanctioned by Govt. has exhausted for the payment made to the Wockhardt Heart Centre and the charges for Kamineni begins now. 26. Ans. Have you asked the Wockhardt doctors about the post operative treatment/complications? Yes, we have asked the doctor about fever and the patient have gone to yellowish colour but the doctor has said that this is a normal after such big surgery. The amount sanctioned by the Government has exhausted with the payment made to the Wockhardt heart centre. He also stated that to pay some amount for further treatment. 27. What was the diagnosis made by the pediatrician? Ans. 10 days

Ans. 1 months.

Ans. 28. 29. Ans.

Typhoid, Malaria, Jaundice and other infection diseases. When was the diagnosis of infection made? What are you expecting from A.P.Medical Council? We are incurring lot of expenditure for physiotherapy and speech therapy at National Institute for Mentally Handicapped for the recovery of baby health. We are not for money sake. We want full

Ans. On 11 th Day after shifting from Wockhardt Hospital.

recovery of the babys health. And we request the medical council to pass necessary orders on the respondents for taking necessary steps for the improvement of the babys health and see that she will lead normal life. I also request to take necessary action on the doctors who have acted negligently during the preoperative and postoperative surgery.
SRI.MD.REYAZ, COMPLAINANT

STATEMENT OF RESPONDENT DR.SAMEER DIWALE: 1. Are you the first person to diagnose the Childs Disease? Congenital Heart Disease, Ventricular Septal Defect (Large), a patent Ductus Arteriosus (PDA) with severe pulmonary artery hypertension (PAH). The patient was referred by the Government of Andhra Pradesh under (Cardiac Screening for children below 12 years) (Refer to page 46 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 2. What was the Diagnosis made at the time of admission? Congenital Heart Disease, Ventricular Septal Defect (Large), a patent Ductus Arteriosus (PDA) with severe pulmonary artery hypertension (PAH). (Refer to page 47 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 3. Ans. When did you first examine the child? The patient was first examined by me as an out-patient on the 5 th March, 2007. (Refer to page 47 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 4. When was the baby admitted to Wockhardt Heart Centre? Ans. The Diagnosis made by me at the time of admission was Acyanotic Ans. No. The patient came with a confirmed diagnosis of Acyanotic

Ans. The patient was admitted to Wockhardt Heart Centre on 5 th March, 2007. (Refer to page 42 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 5. When was the Surgery undertaken? informed high risk consent from the parents of the patient and explaining the risks (especially in view of the severe pulmonary hypertension) in the language of the patient. (Refer to page 2 para 4 read with paragraph 44 & 45 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 6. Whether the routine pre-operative tests were normal? out and found to be within the normal limits. The investigations were as follows:- (a) Blood grouping and cross matching, (b) Complete Blood Picture, (c ) Serum Electrolytes, (d) Serum Creatinine, (e) HIV, (f) HBs Ag., (g) Time, Prothrombin (i) ECG, (j) Time, X-Ray (h) Activated (k) 2D partial EchoThromboplastin chest, Ans. Yes. The following routine pre-operative investigations were carried Ans. The Surgery was undertaken on the 7 th March, 2007 after taking

Cardiography and Pre Anesthetic checkup after investigation. (Refer to page 47 read with page 147 to 159 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 7. Ans. 8. Did the patient have any infectious symptoms like fever and cough on admission? No. When did the baby recover consciousness after Surgery? Ans. The patient was planned for elective ventilation for 24 hours post operatively, in view of the severe pulmonary artery hypertension. The patient regained consciousness on 08.03.2007 at 10.00 A.M. once her sedatives and muscle relaxants were discontinued. (Refer to page 57 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 9. The Complainant in his affidavit says that the following tests should have been done before Surgery? (i) Lipid Profile, (ii) Liver Function Test, (iii) Serum Creatinine, (iv) Blood Urea, (v) Keytone bodies, (vi) Serum Electrolytes, (vii) Cerebral Spinal Fluid Analysis.

Ans. All the above mentioned tests/investigations were conducted except Sl.No. (i) Lipid Profile and Sl.No. (vii). Cerebral Spinal Fluid Analysis. Lipid Profile Tests are conducted only in adult cardiac surgery patients. Cerebral Spinal Fluid Analysis (CSF analysis) is an invasive test with its own complications and is never carried out as a routine preoperative test for a patient scheduled for heart surgery who is otherwise healthy. . (Refer to page 3 para 9 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). Read with the Affidavit of Dr.Sameer Diwale and Dr.K.Satyanarayana exhibiting three expert opinions dated 3rd September, 2009. 10. Have you got evidence that all the requisite tests were carried out? page 147 to 159, page 167, 168 & 170 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 11. What is your pre-operative protocol pertaining to investigations? matching, (b) Complete Blood Picture, (c ) Serum Electrolytes, (d) Serum Creatinine, (e) HIV, (f) HBs Ag., (g) Prothrombin Time, (h) Activated partial Thromboplastin Time, (i) ECG, 12. Ans. Who is your regular Paediatrician? Consultant Paediatrician of Kamineni Hospitals, L.B.Nagar is my regular Paediatrician. In the instant case it was Dr.K.Satyanarayana. It is pertinent to note that I am a trained Paediatric Cardiac Surgeon. (Refer to page 36 to 39 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 13. Whether the management of Wockhardt Heart Centre and Kamineni Hospital are one and the same? Ans. No, they are legally separate entities. However, for clinical purposes and administrative purposes with a view to facilitate optimal patient care, the two entities co-ordinate and work as a cohesive whole. 14. Whether there is implied or written consent between Wockhardt Heart Centre and Kamineni Hospital? (j) X-Ray chest, (k) 2D Echo-Cardiography and Pre Anesthetic checkup after investigation. Ans. The pre-operative protocol is as follows:- (a) Blood grouping and cross Ans. Yes. The above mentioned requisite tests were carried out. (Refer to

Ans. Yes, there is a legal agreement between Wockhardt Heart Centre and Kamineni Hospital demarcating the individual legal responsibilities of the two legal entities keeping in mind optimal patient care. I crave leave to file the said agreement when produced. 15. Ans. 16. Ans. Who is responsible for any patient admitted under your care, when complications arise? It is the responsibility of the Cardiac and Thoracic Surgeon. Hence in the instant case I was responsible for the same. What were the complications? When did you notice the complications? There were no cardiac complications either operatively or post operatively. However, the patient on investigation developed the following infective complications unrelated to the cardiac condition:a) Cerebral Malaria b) Enteric Fever c) Encephalopathy?? Hypoxic/? Hepatic. The 17. complications developed and were noticed and then later confirmed through investigations on 17/3/07 and 18/3/07 respectively. Whether the child was screened by the Paediatrician? normal protocol for Cardiac and Thoracic surgeons trained in Ans. As stated above I am trained in Paediatric cardiac surgery and it is a Paediatric cardiac surgery to manage the patient peri-operatively in routine cases. It is only when the specific complications arise that the same is referred to a Paediatrician. 18. Ans. What was the status of recovery of the patient post-operatively? By post operative day 5 the patient was neurologically sound, communicating, feeding on her own, and fully mobilized. (Refer to pages 73 to 76 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 19. When was the patient shifted from Wockhardt Heart Centre to Kamineni Hospital? dated 9th July, 2009). 20. Whether the Paediatrician was called on the 13th March, 2007? common occurrence usually due to pericarditis or sepsis. Appropriate Ans. Post operatively on 13/3/07 the patient developed fever which is a Ans. 17/3/07 at 2.30 p.m. (Refer to pages 82 of the affidavit of Dr.Sameer Diwale,

investigations (blood culture and catheter culture) were done which were negative for sepsis. Patient became afebrile the next day. Treatment was started for pericarditis and also the spectrum of antibiotics were changed as and by way of abundant caution. Hence the reference to the pediatrician was not necessitated. dated 9th July, 2009). 21. Ans. When was Paediatrician first called? The Paediatrician was immediately called on the 17/03/07, when the patients altered sensorium was detected for the first time. (Refer to pages 78 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 22. What is your clinical diagnosis of fever from 13th March, 2007 to 17th March, 2007? Ans. During the above mentioned period a diagnosis of post-operative pericardial inflammation (Dreslers Syndrome) was made and treated according to standard medical protocol. The patient remain afebrile from the 14 th March, 2007 to 16 th March, 2007 and responded to the above treatment. 23. Ans. 24. Ans. What was the blood culture and catheter culture report? Both the culture reports were sterile. (Refer to pages 111 and 125 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). Do you think that the patients responsibility is finished when the patient is shifted to the Kamineni hospital under Dr.Satyanarayanas Care? Once the patient is admitted under my care he/she becomes my responsibility from the time of admission till discharge. I have fulfilled this responsibility insofar as even after the transfer of the patient from Wockhardt Heart Centre to Kamineni hospitals, I have regularly visited the patient and monitored the progress of the patient. I have also had frequent interactions with Dr. Satyanarayana, the treating Paediatrician in Kamineni Hospitals. 25. What was the reason for shifting the patient from the ward to the Paediatric ICU? specialist care to the patient. Ans: The reason for the transfer to the Paediatric ICU was to give optimal (Refer to pages 111, 125 and ICU chart on 14/03/07 of the affidavit of Dr.Sameer Diwale,

26. Ans.

Is it due to the clinical picture and betterment of the patient or collusion for monetary benefit? The reason for the transfer of the patient to the Paediatric ICU was to give optimal specialist care to the patient and not for any other reason. I deny that there was any collusion for monetary benefit.

27.

Do you think that partial negligence on your part as it was a Government paid case? diagnosis, prognosis and course of treatment. I say that all patients are treated in the same manner medically irrespective of whether the case is subsidized by the government or not.

Ans. I vehemently deny that there was any negligence on my part in the

28. Ans.

Have you asked for money, more than what the Government has sanctioned? No. The question of asking for money does not arise when my professional fees are given by the Hospital. The patients fees structure is an administrative function and is handled by the Hospital. The doctor does not come into play.
DR.SAMEER DIWALE, RESPONDENT

STATEMENT OF RESPONDENT DR.SATYANARAYANA:

1. Ans.

Are you the concerned Paediatric consultant for Wockhardt Heart Centre? No. I am the consultant Paediatrician for Kamineni Hospital. However, whenever my professional expertise is required by Wockhardt Heart Centre in case of complications, I render my services.

2. Ans.

When were you consulted? I saw the patient on 17 th March, 2007 at 02.30 P.M and made a provisional diagnosis Jaundice. of? Septicaemia, on making and? Encephalopathy with the provisional diagnosis Immediately,

appropriate investigations were ordered and treatment commenced. (Refer to pages 79 to 82 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 3. Ans. Do you ask for screening for frequent recurring infections? Do you screen for infectious diseases for surgery? As a routine protocol we do not screen for infectious diseases unless clinically any features suggestive of infective pathology manifest themselves. In the instant case there was no infective pathology like cough, fever, burning urination etc.

4. Ans.

Who advised Dr.Sameer Diwale to shift the patient from Wockhardt Heart Centre to Kamineni Hospital? I advised Dr.Sameer Diwale to shift the patient from Wockhardt Heart Centre to Kamineni Hospital, after consultation to provide optimal medical care and support to the patient. (Refer to pages 82 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

5. Ans.

What was the diagnosis made? Diagnosis of Falciparum Malaria complicated cerebral malaria was made on the 17 th March, 2007 and then started on appropriate treatment immediately (09.30 P.M.). (Refer to pages 19 & 21 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

6. Ans.

When was Enteric fever diagnosed? Enteric fever was diagnosed after investigations confirmed on the 19.03.2007 (IgM Salmonella +ve) and appropriate treatment continued after discussing with the Gastroenterologist as there were combination of cerebral Malaria with enteric fever and Encephalopathy. (Refer to pages 27 & 352 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

7. Ans.

Whether HBS Ag. Screening Test was done? When? HBS Ag. Screening was done pre-operatively and blood products which are given peri-operatively are screened for HBS Ag. Hence the HBS Ag. test was not repeated post-operatively and was not necessitated. However, Hepatitis Viral Markers were conducted for Hepatitis-A & C to rule out viral hepatitis as a cause for Jaundice, other than Malaria and Enteric Fever. (Refer to pages 17 & 324 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

8. Ans.

How did the patient respond to your treatment? The response was slower than expected due to the likelihood of an Accute presentation of cerebral malaria with Grade-I/II Coma and associated Enteric Fever with Hepatitis and Encephalopathy. (Refer to pages 15 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

9.

What will be the general prognosis of the child, if the child has not recovered from Cerebral Malaria?

Ans.

According to the available medical literature 20% mortality exists despite the early and optimal diagnosis and treatment. 10% may have persistent neurological deficiencies in the form of coma, hemi-paresis, cranial nerve palsies etc. (50% of them may recover completely in 6 months, remaining 50% may have variable neurological deficits). Here to annexed and marked Exhibit-A is a copy of the extract from the IAP Indian Academy of Paediatric text book on Paediatric emergencies, under the heading of Prognosis page no 227.

10. Ans. 11. Ans.

How many days the child was kept in Kamineni Hospital? From the 17 th March, 2007 till 20 th April, 2007. (Refer to pages 368 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009). When was the advise of the Neurophysician taken? Due to the development of spasticity the advice of the Neurophysician was taken on 23 rd March, 2007. It is pertinent to note that due to the intrinsic condition of the patient the recovery was slow from the complications of cerebral malaria, encephalopathy and enteric fever. (Refer to pages 68 & 69 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

12. Ans.

What was the neurological status of the child at the time of discharge? The Neurological status at the time of discharge was that the patient was conscious not oriented, afebrile, hemodynamically stable, and on Ryles tube feeding. (Refer to pages 369 of the affidavit of Dr.K.Satyanarayana, dated 9th July, 2009).

13. Ans. 14. Ans.

Whether the child was brought by the parents to the hospital for follow up? No. There was no follow up after the discharge on 20 th April, 2007 despite specific advise to follow up once a week in the Paediatric OPD. Whether any thing can be done now to the patient for her improvement? Clinically I have not examined the patient after the 20 th April, 2007 (date of discharge). Hence, I cannot comment on the same.
Sd/-DR.K.SATYANARAYANA, RESPONDENT-II

STATEMENT OF MANAGER HOSPITAL ADMINISTRATION,WOCKHARDT HEART CENTRE

1. Ans.

What is your name? Dr. Sunil Kumar Sepuri.

2. Ans. 3. Ans. 4. Ans. 5.

What is your designation? I am the Manager-Hospital Administration, Wockhardt Heart Centre. Are you representing the Kamineni Hospital also? No. However our advocate is representing both the organizations above mentioned. What is the amount sanctioned by the Government to this case? The amount sanctioned by the Government in this case is Rs.44,000/-. (Refer to pages 189 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). Are you sure that the amount was sufficient for the operation?

Ans. The cost incurred at Wockhardt Heart Centre was Rs.74,592/- and the amount sanctioned by the Government of Andhra Pradesh was Rs.44,000/-. The balance of the amount was waived off by the Hospital. (Refer to pages 192 of the affidavit of Dr.Sameer Diwale, dated 9th July, 2009). 6. What is the understanding between your hospital and Government for such

operations?
Ans. The understanding between the hospital and the Government of Andhra Pradesh is reflected in the G.O.Ms.No.362 HM&FW (K1) Department, dt:01.10.2004. G.O.Ms.No.362 HM&FW (K1) Department, dt: 01.10.2004 clearly states as follows:Government of Andhra Pradesh has announced that financial aid

will be given for the treatment and surgery for children of the age group of 0 12 years suffering from heart diseases by utilizing facilities in Government and Private hospitals. Cardiac problems requiring surgery are covered in the above nine categories. Other cardiac problems not included in the above categories, whenever they come up would be examined and put in appropriate category on a case to case basis by the central cell at Gandhi Hospital in consultation with the Director of Medical Education. Here to annexed and marked Exhibit-A is a copy of the Government of Andhra Pradesh Abstract G.O.Ms.No.362 HM&FW (K1) Department, dt:01.10.2004. 7. What is the Financial liability of the management aspect when the patient is admitted under the Scheme?

Ans. The liability of the management is limited to performing Cardiac Surgery as more particularly described in the foregoing paragraph which states as follows:Government of Andhra Pradesh has announced that financial aid will be given for the treatment and surgery for children of the age group of 0 12 years suffering from heart diseases by utilizing facilities in Government and Private hospitals. It is important to note that G.O.Ms.No.362 HM&FW (K1) Department, dt: 01.10.2004 pertaining to the billing procedure of the hospital states as follows:The Private Hospitals / Nizams Institute of Medical Sciences participating in this Childrens Cardiac Health program shall not charge any amount from the patients referred by Cardiac Cells constituted in Government Teaching Hospitals. They may prepare and submit the bills as per the above guidelines with discharge summary to the Director of Medical Education, A.P., Hyderabad for payment. What were the expenses incurred at Kamineni Hospital and Wockhardt Heart

8.

Centre. Is it true that they have paid Rs.1,38,000/-? Ans. No. The consolidated hospital bill was Rs.98,386/- at Kamineni Hospitals. And the patient has deposited of sum of Rs.62,000/- of which Rs.15,686/- was refunded. The balance bill was waived off, on humanitarian grounds. The actual amount paid by the complainant to the Kamineni Hospital is Rs.46,314/-.(Refer to pages 382 of the affidavit of Dr.K.Satyanarayana, dated 9 th July, 2009).
No charge was levied by Wockhardt Heart Centre in respect of the Cardiac Surgery, from the patient. (Refer to pages 192 of the affidavit of Dr.Sameer Diwale, dated 9 th July, 2009).
Sd/-DR.SUNIL KUMAR.S.

The Committee has gone through the Additional Affidavit filed by Dr.Sameer Diwale on 08.09.2009 wherein the Expert Opinion of Dr.B.T.Prasad Rao was marked as ExhibitA. The Committee has gone through the Exhibit-A and noted that the President, District Consumer Forum in his letter dt:06.07.2005 has sought for the Expert Opinion on the consumer case filed by Md.Reyaz Pasha. As requested in this regard Dr.V.T.Prasad Rao, Prof. & HOD, Dept. of CT Surgery, GH/GMC in his expert opinion has stated that: On verification of records available to me and best of my knowledge, I opine that:

1. 2. 3.

The Diagnosis, Pre OP Evaluation, Surgery and Post OP Management are optimal and as per standard Medical Protocol. Lipid Profile, Ketone Bodies Test and CSF Analysis have no role in the PreOP Evaluation of this patient. When serious medical problem i.e. Encephalopathy which is not with in the relam of Cardiac Surgery is identified, shifting the patient to Paediatric ICU constitutes ideal and Optimal Patient Care.

4.

Inspite of Intensive Medical Care in Paediatric ICU the patient succumbed to the present condition as sequele to the Encephalopathy.

The Committee has also gone through the copy of affidavit of expert opinion given by Dr.Anil Tendolkar which has been enclosed to the Additional Affidavit. In his affidavit Dr.Anil Tendolkar, Cardiac Surgeon, Mumbai has stated that the cause of this unfortunate event in Baby Shaisthas Case, the age, the basic Heart Problem super added with prolonged ventilation and infection such as malaria (especially falciparum malaria which is a serious variety of infection) all have contributory factors in this adverse outcome. As to whether there was a deficiency of service in this case, he has stated that on studying the case papers, it can be construed that the process of treatment appears logically reasonable and as per standard practices. The Ethical & Mal-Practices Committee after taking into consideration of the entire material on record together with the statements of the parties concerned, the expert opinion given by Dr.B.T.Prasad Rao, Prof. & HOD, CT Surgery, GH/GMC and the expert opinion given by Dr.Anil Tendolkar by way of an affidavit filed before the Honble Consumer Dispute Redressal Forum at Hyderabad has come to the following conclusions: (i) The expert opinion given by Dr.B.T.Prasad Rao, Prof. & HOD, CT Surgery, GMC to Honble President, District Consumer Forum, R.R.District that when the serious medical problem i.e. encephalopathy which is not within the realm of cardiac surgery is identified, shifting the patient to Paediatric ICU constitute ideal optimal patient care be noted. (ii) There is no professional negligence on the part of respondent doctors, Dr.Sameer Diwale and Dr.K.Satyanarayana. There is no negligence on the part of treating doctors, non-monitoring aspects and the post sequele is because of the consequent infection which is not connected with the Surgery.

(iii)

The management of Wockhardt Heart Hospital and Kamineni Hospital be advised for consideration of refund of 50% of the bill amount which was borne by the complainant on humanitarian grounds and taking into consideration of the poor economical condition of the complainant and in view of the fact that the patient was admitted under government scheme of AP Cardiac Screening children below 12 years.

The Ethical & Mal-Practices Committee recommends to the Executive Committee accordingly.
The Executive Committee after taking into consideration of the entire material on record and taking into consideration of the observations/recommendations of the E&MPC has decided to approve the same in relation to the aspects of negligence. The Executive Committee did not accept the other recommendation of the E&MPC that the management be advised for consideration of refund of 50% of the bill amount which was borne by the complainant on humanitarian grounds and taking into consideration of the poor economical condition of the complainant and in view of the fact that the patient was admitted under government scheme of AP Cardiac Screening children below 12 years .

The General Body has perused the entire material together with the statements of parties concerned. Dr.K.Ramesh Reddy, Member speaking on the occasion expressed the view that when a serious problem occurred if the patient is undergoing treatment under Government package, the hospital management should treat the patient with the permission of the Government authorities. He has further expressed the view in this case, the respondent doctors shifting the patient to Paediatric ICU is not correct. It seems that the respondents have washed their hands by shifting the patient to Paediatric ICU and levied charges of Rs.40,000/- from the patient. Dr.P.Sucharitha Murthy, Ex-Officio member expressed the view that this type of problems will occur after blood transfusion and they should screen for malaria also. She has also expressed the view that all these are hospital infections. Dr.K.Ramesh Reddy has further expressed his view that the Kamineni Hospitals and Wockhardt Heart Centre are one and the same, they cannot say that these are different institutions. He has also expressed the view that the respondent doctors violated the code of Ethics and it is a

misconduct since the patient was shifted to another hospital where the patient was admitted for treatment under a Government package treatment. He has expressed the view that during the course of treatment, the hospital management should not charge extra amount even in the case of complications arose. The General Body expressed the unanimous view that if there are any problems arise under the package, the hospital management should represent the Government for further approval. The General Body taking into consideration of the facts of the case together with the statements made by the parties concerned and the observations/recommendations of the E&MPC and the decision taken by the Executive Committee has decided that a letter be addressed to the management of the hospital to refund the extra amount which was charged from the patient. Case No.08/2009
The General Body has noted that in Case No.08/2009 - Complaint made by Sri Kotla Raju against Dr.G.Indira and others of SVS Hospital, Mahaboobnagar, the E&MPC has come to the conclusion that there is definite negligence on the part of DMO and Anaesthetist on duty and also vicarious responsibility on the Professor of Medicine and the Professor of Anesthesiology while discharging their duties. The General Body while accepting the decision of the Executive Committee, directs the E&MPC to make definite recommendation as to the punishment to be given to the respondent doctors. Item-5:- Then the General Body has taken up for consideration of the next item on the agenda, i.e. to consider the report of CME Committee dt: 27.08.2009 as approved by the Executive Committee. The General Body noted that the CME Committee has met on 27.08.2009 and considered several items and made necessary recommendations. The recommendations of CEM Committee were placed before the Executive Committee in the meeting held on 27.08.2009 (03.00 PM). The Executive Committee after detailed discussions taken necessary decisions accepting the recommendations of the CME Committee with modifications. The General Body noted that the CME Committee recommended the following:-

(i) (ii) (iii) (iv) (v)

Recommended for conducting CME Programmes 3 times in a year. Conducting the Internees Ethics Awareness Programmes 3 times. Conducting CME Programmes on behalf of APMC and extending financial assistance of Rs.25,000/Conducting Workshops/Seminars at various places to bring awareness of the Medical Council regulations and extending financial assistance of Rs.1,000/-. To constitute small teams to make surprise checks on the hospitals/clinics/Nursing Homes run by Quacks. Recommended to the Finance Committee to consider to claim actual expenditure incurred by those members of the Council who come on car for the meetings of the Council/Committees.

The Executive Committee has approved these recommendations with modifications. The Executive Committee has taken the following decisions: (v) (vi) It is decided that the present amount of Rs.30/- per student for each session of Ethics Awareness Programme be continued. It is decided that the CME Programmes in districts be conducted in association with IMA and its local bodies. It is also resolved that Guidelines be prepared for sanctioning the amount of Rs.25,000/- for CME Programme conducted at each district level. It is also resolved that a booklet be prepared which shall include the Act and functions of APMC be distributed. (vii) It is resolved that the recommendation of CME Committee to address a letter to IMA/GDA/APNA/Local Bodies etc. in order to co-ordinate the workshops / seminars. (viii) It is decided that the recommendation of CME Committee to constitute small teams from members of various committees to make surprise checks/visits of any hospitals/clinics/nursing homes run by un-qualified persons be approved. It is also resolved that the decision of Council be placed before the Honble High Court and Govt. of Andhra Pradesh for appropriate direction in this regard. After careful consideration the General Body decided to approve the report of the CME Committee as per the modifications made by the Executive Committee.

Item-6:- Then the General Body has taken up for consideration of the next item on the agenda, i.e. to consider the report of the Finance Committee dt:15-09-2009 as approved by the Executive Committee. The General Body noted that the Finance Committee met on 15.09.2009 and considered several issues and made its recommendations. The General Body noted that the Finance Committee made the following recommendations. (i) Enhancement of sitting fee for members coming from outstation to Rs.1,500/station. (ii) Enhancement of fee to the members of the Council for attending Internees Ethics Awareness Programmes conducted in various Medical Colleges in the State. Fee including members of Hyderabad City and Local Areas to Rs.1,200/-. Accommodation charges of Rs.800/- for out station members. (iii) Enhancement of conveyance allowance of the staff members from Rs.750/to Rs.1000/- per month. Enhancement of conveyance allowance to the Registrar from Rs.3000/- to Rs.5000/- per month. (iv) (v) (vi) Introducing Challans System for payment of Registration Fee and other fee to the Council. Approval to the Memorandum of understanding executed by Bank of Baroda. Recommendation of Financial Assistance of Rs.25,000/- to the CME Programmes sponsored by APMC in the District Head Quarters/Medical Colleges etc. (vii) Recommendation w.e.f.01.10.2009. The Executive Committee in its meeting held on 22.10.2009 has considered the recommendations of the Finance Committee. The Executive Committee after detailed discussion has approved the above recommendations. In the case of sanctioning regular pay scale to Smt.L.Madhavi Latha, while approving the recommendation of the Finance Committee has decided to obtain legal opinion of the Standing Counsel as to the power of the Council to create a post in the Cadre of Junior Assistant. of regular pay to Smt.L.Madhavi Latha, Asst. and members of Hyderabad/Local Areas to Rs.1,200/-. Accommodation charges of Rs.800/- for the members coming from out

The General Body after detailed discussion has decided to approve the recommendations of the Finance Committee as approved by the Executive Committee. Item-7:- Then the General Body has taken up for consideration of the next item on the agenda, i.e. to consider Regularization of the services of Sri G.Anil Kumar, Junior Assistant. The General Body has noted that this item was considered by the Executive Committee in its meeting held on 26.11.2009 and decided to regularize the services of Sri G.Anil Kumar w.e.f.01.08.2008 and declare his probation w.e.f. 01.08.2009. The General Body noted that Sri G.Anil Kumar was appointed on 30.04.2008 on consolidated pay and consequent on retirement of one Junior Assistant on 31.07.2008, the Executive Committee in its meeting held on 30.07.2008 has decided to appoint him in the regular pay scale attached to the post of Jr.Assistant and accordingly orders were issued to appoint him in the regular pay scale w.e.f.01.08.2008. The appointment was ratified by the General Body in the meeting held on 16.12.2008. The General Body noted that Sri G.Anil Kumar completed one year satisfactory service on 31.07.2009. The General Body after detailed discussion has decided that the services of Sri G.Anil Kumar be regularized w.e.f.01.08.2008 and his probation be declared w.e.f.01.08.2009. Item-8:- Then the General Body has taken up for consideration of the next item on the agenda, i.e to consider Regularization of the services of Sri V.Suresh, Office Subordinate. The General Body has noted that this item was considered by the Executive Committee in its meeting held on 26.11.2009 and decided to regularize the services of Sri V.Suresh w.e.f.01.08.2008 and declare his probation w.e.f. 01.08.2009. The General Body noted that Sri V.Suresh, Office Subordinate was appointed on 30.04.2008 on consolidated pay and subsequently the Executive Committee in its meeting held on 30.07.2008 has considered to appoint him in the regular pay scale attached to the post of Office Subordinate in the clear vacancy existing in the cadre of Attender/Office Subordinate. Accordingly orders were issued to appoint him in the regular pay scale w.e.f.01.08.2008. The appointment of Sri V.Suresh was ratified by the General Body in the meeting held on 16.12.2008.

The General Body noted that Sri V.Suresh, Office Subordinate completed one year satisfactory service on 31.07.2009. The General Body after detailed discussion has decided that the services of Sri V.Suresh, Office Subordinate be regularized w.e.f.01.08.2008 and his probation be declared w.e.f.01.08.2009. Item-9:- Then the General Body has taken up for consideration of the next item on the agenda, i.e to consider creation of one post of Jr. Assistant w.e.f.01-10-2009 for appointment of Smt.L.Madhavi Latha in the regular Scale of Pay. The General Body noted that Smt. L.Madhavi Latha was appointed on consolidated pay of Rs.6,000/- temporarily w.e.f. 08-08-2008. She has submitted a representation to consider her case for appointment on regular pay scale attached to the post of Jr. Asst. However, as per the approval given by the Chairman, Finance Committee, the Executive Committee in its meeting held on 20-05-2009 has decided that the fixed emoluments be enhanced to Rs.9,000/- w.ef.01-06-2009. The General Body noted that the Finance Committee met on 15-09-2009 and Dr.P.Sucharitha Murthy, Director, IPM & Member, Finance Committee with the permission of the Chair has raised the issue of appointing Smt. L.Madhavi Latha, Asst. on regular Pay Scale. The Finance Committee after detailed discussion and taking into consideration of the fact that she has completed one year of service on fixed emoluments and decided to appoint the individual in the regular Scale of Pay attached to the post of Jr. Asst. w.e.f. 0110-2009.

The recommendation of the Finance Committee was considered by the Executive Committee in its meeting held on 22-10-2009. The Executive Committee after taking into consideration of the recommendation of the Finance Committee and after detailed discussion, decided that Smt.L.Madhavi Latha be appointed on regular pay scale attached to the post of Junior Assistant w.e.f.01.10.2009. It is also decided to direct the Secretary to obtain the opinion of Standing Counsel with regard to the creating of post as per the exigencies of work and rule position. The General Body noted that as per the decision taken in this regard, a letter create posts. dt:12-11-2009 was addressed to the Standing The Standing Counsel after going through the provisions of Counsel of APMC seeking his opinion as to the power of the Council to

Section 13(3) of A.P.Medical Practitioners Registration Act, 1968 has expressed the opinion that the Medical Council itself is competent to appoint officers and servants as it may deem necessary In view of the above position, he has expressed the view that the Council is at liberty to create posts and appoint suitable persons to the posts depending upon the exigencies of work load. The General Body taking into consideration of the Report of the Finance Committee dated 15-09-2009, the approval given by the Executive Committee in its meeting held on 22-10-2009 and the legal opinion given by the Standing Counsel has decided to create one post in the cadre of Junior Asst. The General Body has also approved the decision of the Executive Committee to appoint Smt.L.Madhavi Latha on regular pay scale attached to the post of Junior Assistant w.e.f.01.10.2009. After detailed discussion and taking into consideration of the material placed before it,
the General Body has passed the following resolutions unanimously. 1. TO CONFIRM THE MINUTES OF PREVIOUS MEETING OF THE GENERAL BODY HELD ON 31-03-2009. It is resolved that the Minutes of the meeting of the General Body held on dt: 31-03-09 be confirmed. It is also resolved that the action taken report on the minutes of the previous meeting of the General Body be approved. 2. TO CONSIDER MINUTES OF THE EXECUTIVE COMMITTEE IN ITS MEETINGS HELD ON 20.05.2009, 01.07.2009, 27.08.2009, 22.10.2009 & 26.11.2009 AND TO APPROVE THE SAME. It is resolved that the Minutes of the meeting of the Executive Committee held on 20.05.2009, 01.07.2009, 27.08.2009, 22.10.2009 & 26.11.2009 be confirmed. 3. TO CONSIDER THE BRIEF REPORT OF THE CHAIRMAN, E&MPC AND TO PERUSE THE STATUS OF COMPLAINTS PENDING BEFORE THE COUNCIL. It is resolved that the details given in the Brief Report of the Chairman, E & MPC be noted. 4. TO CONSIDER THE REPORTS OF THE ETHICAL & MAL-PRACTICES COMMITTEE DT:15.02.2009, 30.04.2009, 26.05.2009, 26.06.2009, 27.07.2009, 08.09.2009 & 22.10.2009.

(A)

It is resolved that the Reports of the Ethical & Mal Practices Committee dated:15.02.09 be approved. It is also resolved that the statements of the parties concerned be on record. It is resolved that the Reports of the Ethical & Mal-Practices Committee dated: 30.04.09 be approved. It is also resolved that the statements of the parties concerned be on record. (i) In Case No. 09/2006, i.e. in the Complaint made by Sri Harinatha Baba, it Resolved that there is no negligence on the part of the Respondent, Dr.Narasimhan, Cardiologist in treating the patient, Ms.Swathi at Care Hospital, Banjara Hills, Hyderabad. In Case No.23/2007 , i.e. the Complaint made by Sri B.Venkateswara Reddy against Dr.G.Satyanarayana and others of Kamineni Hospital, Hyderabad, It is resolved that there is no negligence on the part of Dr.G.Satyanarayana and others in treating the patient, B.Uttam Reddy.

(B)

is

(ii)

(C )

It is resolved that the Reports of the Ethical & Mal Practices Committee dated: 26.05.09 be approved. It is also resolved that the statements of the parties concerned be on record. It is resolved that the Reports of the Ethical & Mal-Practices Committee dated: 26.06.09 be approved. It is also resolved that the statements of the parties concerned be on record. (i) In Case No.17/2008, i.e the complaint made by Sri Kalluri Adinarayana against Dr.G.Subba Rao, it is resolved that the statement of the respondent Dr.G.Subba Rao be on record. (ii) In Case No.18/2008, i.e the complaint made by Sri M.G.Ramulu Yadav against Dr.V.V.Reddy, it is resolved that the application of the complainant seeking permission of the Council to withdraw his complaint be on record. It is also resolved that the statement of the respondent Dr.V.V.Reddy be on record. (iii) In Case No.20/2008, i.e the complaint made by Ms.L.Suvarna against Dr.S.V.Adinarayana Rao, it is resolved that the statements of the complainant and respondent be on record. (iv) In Case No.21/2008, i.e the complaint made by Dr. B.Ramachandraiah against Dr.P.Chandrasekhar and others, it is resolved that the statements of the of the parties concerned be on record. (v) In Case No.08/2008, i.e. the Complaint made by Sri Gosu Nagabhushanam and Gosu Varamma against Dr.Thumu Ramakrishna of New Life Multi Speciality Hospital, Khammam, it is resolved that Censure be imposed on the Respondent Dr.Thumu Ramakrishna for giving frequent advertisements in press, for not maintaining the records properly and for not maintaining the MLC register in the case of late Sri Gosu Ananda Rao who met with an accident and admitted to the hospital with injuries. (vi) In Case No.24/2008, i.e. the Complaint made by Dr.Kylas Pabba against Dr.A.Sai Ravi Shankar, Karimnagar, it is resolved that the name of the Respondent, Dr.A.Sai Ravi Shankar be removed from the Medical Register for a period of 1 (One) month as per the provisions of Section 17(2) of APMP from the date of

(D)

(E)

communication made in this regard for violation of provisions of 1.4.2 of IMC Regulations, 2002. (vii) In Case No.22/2007, i.e. the complaint made by Sri B.Kishore against Dr.Batchu Radha Krishna, it is resolved that there is no negligence on the part of Dr.Batchu Radha Krishna in treating the patient, Sri B.Prakash at Satya Hospital, Warangal. It is further resolved that the objections raised by Dr.Batchu Radha Krishna in directing him to appear before the committee are not maintainable in view of the provisions contained in Rule-6 of APMC Enquiry Rules, 1978. (viii) In Case No.12/2008, i.e. the complaint made by Mrs.C.Ramalingeswari against Dr.P.Aruna, Hyderabad, it is resolved that there is no negligence on the part of the respondent Dr.P.Aruna in treating the patient, Mrs.C.Ramalingeswari Devi at Aruna Hospital, Hyderabad. (ix) In Case No.13/2008, i.e. the complaint made by Sri Ravinder Dwivedi against Dr.Sunil Kapoor, it is resolved that there is no negligence on the part of the respondent Dr.Sunil Kapoor in treating the patient, Mrs.Laxmi Bai (aged 88 years) at Care Hospital, Hyderabad. It is resolved that the Reports of the Ethical & Mal-Practices Committee dated: 28.07.09 be approved. (i) It is also resolved that the statements of the parties concerned be on record. (ii) In Case No.08/2008, i.e. the Complaint made by Sri Gosu Nagabhushanam and Gosu Varamma, the decision of E&MPC as directed by the Executive Committee that the respondent Dr.Thumu Ramakrishna of New Life Multi Speciality Hospital, Khammam be warned for proper maintenance of records since he did not produce any record pertaining to the discharge of the patient Gosu Ananda Rao. (iii) In Case No.18/2008, i.e the complaint made by Sri M.G.Ramulu Yadav against Dr.V.V.Reddy, it is resolved that henceforth respondent is found practicing as Orthopaedic Surgeon, he would be liable for appropriate action. (iv) In Case No.01/2009, i.e. the complaint made by Sri K.Prasad, it is resolved that the statement of the respondent, Sri Srinivas Bathini be on record. (v) In Case No.23/2008, i.e. the complaint received against Dr.V.Sriramulu, it is resolved that the same be kept in abeyance in view of the stay granted by the Honble High Court on the orders passed by the III Senior Civil Judge, CCC, Secbad, dt:04.07.2008 until receipt of further orders of the Honble High Court in this regard.

(F)

It is resolved that the Reports of the Ethical & Mal-Practices Committee dated: 08.09.09 be approved. (i) In Case No.08/2009, i.e. the complaint made by Sri Kotla Raju against Dr.G.Indira and others, it is resolved that the statements of the parties concerned be on record. (ii)In Case No.09/2009, i.e. the complaint made by Sri T.Obi Reddy against Dr.S.Narasimhulu, it is resolved that the statement of the complainant and the Counsel for respondent be on record. (iii) In Case No.16/2008, i.e the complaint made by Smt M.Uma Devi, it is resolved that the statement of the complainant and the respondents representative be on record. (iv) In Case No.17/2008, i.e. the Complaint made by Sri Kalluri Adinarayana against Dr.Garikapati Subba Rao, it is resolved that there is no negligence on the part of the Respondent, Dr.Garikapati Subba Rao in treating the patient, Smt. Kalluri

Subbayamma since the respondent is a qualified doctor and referred to higher centre and the death was not occurred in his hospital. It is also further resolved that the Respondent has not indulged in any un-ethical acts as he has not used any spurious medicines as per the certificate issue by Drug Inspector and his Nursing Home has got registered under the clinical establishment Act. (v) In Case No.20/2008, i.e. the complaint made by Ms.L.Suvarna, it is resolved that the decision of E&MPC that the response from the complainant and the respondent be awaited is approved. (vi) In Case No.21/2008, i.e. the complaint made by Dr.B.Ramachandraiah, it is resolved that the telegraphic orders of Honble High Court to stop further proceedings against Dr.V.Murali Mohan be noted. (vii) In Case No.22/2008, i.e. the complaint made by Sri T.Sambi Reddy, it is resolved that the decision taken by E&MPC to refer the matter to a Senior Cardiologist and a Senior Neuro Physician be approved. (viii) In Case No.15/2009, i.e. the complaint made by Sri M.Prabhakar Rao, it is resolved that the decision of E&MPC to obtain the legal opinion of Standing Counsel so as to ascertain whether the Council is competent to take action against a doctor who was convicted by the Honble High Court in the year 1999. (G) It is resolved that the Reports of the Ethical & Mal-Practices Committee dated: 22.10.09 be approved. (i) In Case No.01/2009, i.e. the Complaint made by Sri K.Prasad against Dr.Bathini Srinivas, it is resolved that the name of the Respondent, Dr.Bathini Srinivas be removed from the Medical Register for a period of 1 (One) month as per the provisions of Section 17(2) of APMP from the date of communication made in this regard, for violation of provisions of 1.4.2 of IMC Regulations, 2002. (ii) In Case No.15/2009, i.e. the complaint made by Sri M.Prabhakar Rao, the statements of the parties concerned be on record. (iii) In Case No.03/2009, i.e. the complaint made by Sri Md.Reyaz Pasha against Dr.Sameer Diwale, Dr.K.Satyanarayana and another of Kamineni Hospitals / Wockhardt Heart Centre, Hyderabad, it is resolved that a letter be addressed to the Management of the hospital to refund the extra amount which was charged from the patient. (iv) In Case No.08/2009, i.e the complaint made by Sri Kotla Raju, it is resolved that the conclusion of E&MPC that there is definite negligence on the part of DMO and Anaesthetist on duty and also vicarious responsibility on the Professor of Medicine / Professor of Anesthesiology while discharging their duties. It is also resolved that the E&MPC shall made shall make specific recommendation as to the punishment to be given to the respondent doctors. (v) In Case No.20/2008, i.e. the Complaint made by Ms.L.Suvarna against Dr.S.V. Adinarayana Rao, Prema Hospitals, Visakhapatnam, it is resolved that the complaint made by Ms.L.Suvarna be closed in the light of assurance given by the Respondent Dr.S.V.Adinarayana Rao to give her proper Physio-therapy to enable her to walk properly. It is also resolved that a report be sent to the National Human Rights Commission accordingly. (vi) In Case No.16/2009, i.e. the complaint made by Sri Meduri Ramesh Chandra against Dr.G.V.Jagadambha and M.Bharathi, it is resolved that the respondents do not fall within the jurisdiction of APMC as they are non-medical Forensic Experts. It is also resolved that the complainant be addressed so that he may represent the matter before the concerned authorities for redressal of his grievance.

5. TO CONSIDER THE REPORT OF CME COMMITTEE DT: 27.08.2009 AS APPROVED BY THE EXECUTIVE COMMITTEE. It is resolved that the report of the CME Committee dt:27.08.2009 be approved as per the modifications made by the Executive Committee. It is also resolved that in conducting CME Programmes, the main bodies like APGDA, APNA etc. be considered. It is also resolved that the letters RMP/PMP shall be omitted and replaced with the words Community Para Medic or use the word Quacks where the context permits. 6. TO CONSIDER THE REPORT OF THE FINANCE COMMITTEE DT:15-092009 AS APPROVED BY THE EXECUTIVE COMMITTEE. It is resolved that the report of the Finance Committee dt: 27.08.2009 be approved as per the approval given by the Executive Committee. It is also resolved that on introduction of Challan System, there shall be weekly reconciliation. It is also resolved that payment of fee shall be allowed through Demand Drafts wherever necessary. 7. TO CONSIDER REGULARISATION OF THE SERVICES OF SRI G.ANIL KUMAR, JUNIOR ASSISTANT It is resolved that the services of Sri G.Anil Kumar, Junior Assistant be regularized from 01.08.2008. It is also resoled that his probation be declared w.e.f. 01.08.2009 as he completed one year of satisfactory service in the post of Junior Assistant on that date. 8. TO CONSIDER REGULARISATION OF THE SERVICES OF SRI V.SURESH, OFFICE SUBORDINATE It is resolved that the services of Sri V.Suresh, Office Subordinate be regularized from 01.08.2008. It is also resoled that his probation be declared w.e.f. 01.08.2009 as he completed one year of satisfactory service in the post of Office Subordinate on that date. 9. TO CONSIDER CREATION OF ONE POST OF JR. ASSISTANT W.E.F.0110-2009 FOR APPOINTMENT OF SMT.L.MADHAVI LATHA IN THE REGULAR SCALE OF PAY. It is resolved that the legal opinion given by Sri V.V.Anil Kumar, Standing Counsel, APMC with regard to the power of Andhra Pradesh Medical Council in terms

of Section-13 of APMPR Act, 1968 for creation of a vacancy be approved. It is also resolved that a post be created w.e.f.01.10.2009 in the cadre of Junior Assistant. It is further resolved that Smt.L.Madhavi Latha be appointed in the regular scale of pay attached to the post of Junior Assistant w.e.f.01.10.2009. 10. TO CONSIDER ANY OTHER ITEM WITH THE PERMISSION OF THE CHAIRMAN. The meeting concluded with vote of thanks to the Chair.

REGISTRAR APMC

CHAIRMAN APMC