KMC cannot act against nurses for medical negligence: HC
Special Correspondent
Bengaluru, July 01, 2019 00:00 IST
Observing that “nurses cannot be categorised as medical practitioners”, the Karnataka High Court held that the Karnataka Medical Council (KMC) has no jurisdiction to initiate proceedings or pass direction to take action against them in cases of medical negligence.
Justice B. Veerappa passed the order while setting aside an order passed by the KMC directing the medical superintendent of a private hospital in Manipal to take action against two nurses in a medical negligence case.
The KMC, in its August 2, 2012 order, had said that a boy died in the hospital in 2010 owing to the negligence of the nurses. The KMC had passed the order on a complaint by the boy’s parents.
While analysing the provisions of the KMC Karnataka Medical Registration Act, 1961 and the Indian Medical Council (IMC) Act, 1956, the court said the KMC can initiate action against only those medical practitioners who are registered in the State medical register. However, the nurses cannot be registered as they do not possess the qualification prescribed under IMC Act for such registration.
The court also noted that the hospital had paid a compensation of Rs. 7 lakh to the boy’s parents.
Special Correspondent
Bengaluru, July 01, 2019 00:00 IST
Observing that “nurses cannot be categorised as medical practitioners”, the Karnataka High Court held that the Karnataka Medical Council (KMC) has no jurisdiction to initiate proceedings or pass direction to take action against them in cases of medical negligence.
Justice B. Veerappa passed the order while setting aside an order passed by the KMC directing the medical superintendent of a private hospital in Manipal to take action against two nurses in a medical negligence case.
The KMC, in its August 2, 2012 order, had said that a boy died in the hospital in 2010 owing to the negligence of the nurses. The KMC had passed the order on a complaint by the boy’s parents.
While analysing the provisions of the KMC Karnataka Medical Registration Act, 1961 and the Indian Medical Council (IMC) Act, 1956, the court said the KMC can initiate action against only those medical practitioners who are registered in the State medical register. However, the nurses cannot be registered as they do not possess the qualification prescribed under IMC Act for such registration.
The court also noted that the hospital had paid a compensation of Rs. 7 lakh to the boy’s parents.
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