Ahmedabad: A 35-year-old woman from Shahibaug has moved Gujarat High Court against three doctors and a laboratory, alleging negligence after she gave birth to a child with Down’s syndrome, cardiac anomalies and ambiguous genitalia.
She also approached Gujarat Medical Council (GMC), seeking action and debarment of the doctors. Following an inquiry and an expert committee report, GMC issued a warning to the doctors, advising them to exercise greater caution in such cases.
The woman had earlier filed a police complaint against Zeel Maternity & Nursing Home, obstetricians and gynaecologists Dr Phagun Shah and Dr Chhaya Shah, paediatrician Dr Maulik Patel, and Unipath Special Laboratory Ltd, alleging professional negligence. Dissatisfied with the decision, the woman filed a complaint before the consumer commission and a petition in the high court, challenging GMC’s order and seeking permanent cancellation of the doctors’ licences.
Legal Challenge Against GMC Over Medical Negligence Claims
A woman has filed a legal challenge against the General Medical Council (GMC), alleging negligence by medical professionals during her pregnancy. She claims to have been diligent with medical check-ups but asserts that the doctors failed to provide adequate advice and accurate diagnoses, resulting in the birth of a child with severe medical conditions. Additionally, she contends that the incorrect identification of her child’s gender exacerbated her family’s distress.
The woman argues that the GMC misinterpreted findings from an expert committee, limiting its response to a mere formal warning issued in October 2023. She is seeking a high court ruling to overturn the GMC’s order and to revoke the licenses of the involved doctors.
In response to this case, the court has requested clarification from the Centre regarding the appeal process against GMC decisions, particularly in light of the National Medical Commission (Amendment) Bill, 2022, which introduced new provisions for such appeals.