Doctor accused of negligence in wrong foot surgery declared innocent

Dr Ashwani Maichand, a Fortis doctor who was implicated by the media and the Delhi Medical Council in a case related to a wrong foot surgery, has been proven innocent and given the clean chit by the Medical Council of India. The case was reported in June 2016, when allegedly a wrong foot was operated.

The news was hyped by the media and incriminated Dr Maichand without waiting for a trial and any conclusive proof. The public upheaval resulted in a punishment by the Delhi Medical Council where the institution removed Dr Maichand's name from the IMR (Indian Medical Register) for 180 days in February, 2017.

However, investigation has proved that the doctor wasn't actually present in the operation theatre (OT) and therefore could not be held responsible for the botched operation. The case was considered by the Ethics Committee of the MCI, where the matter and the statements associated were recorded, and produced for deliberation.

The committee, after some due deliberation, stated: "Dr Ashwani Maichand was absent on the day of the operation due to some personal reasons and was not present in the OT during the whole surgery. The Ethics Committee also noted that the original plan was to operate only on the right leg and not the left leg. Even so, Dr Maichand was only involved in the operational planning. Therefore, he was in no position to know the change in the decision."

Considering the above fact, the Ethics Committee came to the unanimous conclusion that no case of medical negligence could actually be made against Dr Ashwani Maichand. Finally, the punishment levied against the doctor was quashed, and he was exonerated of all charges.

The case also highlights an increasing number of cases against doctors, where even on managing highly precarious operations and situations, good and honest doctors are falsely implicated. However, this case and its forthcoming result could be used as an example, and followed to uphold the esteem and efforts of the medical community.