KEM Hospital to file complaint against errant doctor

Thursday, June 18, 2015

By Abhishek Vissapragada

Complaint being filed after the hospital was instructed to do so by the deputy chief of the BMC

The KEM Hospital at Parel will be filing a complaint soon against Dr. M.L. Saraf, officials told the ADC on Wednesday. The complaint is being filed after Deputy Commissioner of Brihanmumbai Municipal Corporation (BMC) Sanjay Deshmukh ordered the hospital to do so.

Dean of KEM Hospital Avinash Supe said that the legal department of the hospital will be filing the complaint at Bhoiwada police station. “We had received the order from Dehsmukhji and we referred the complaint to our legal department. At first we thought whether we should file a FIR against the doctor but there is already a FIR against him at another police station. We will be filing the complaint against him at the police station,” said Supe.

Supe said that he had sent a letter to the police station to file a complaint against Saraf. “I don't know under which sections of the Indian Penal Code (IPC) the case will be filed. I had sent a letter requesting them to do so,” said Supe. Senior police inspector (SPI) Sunil Tondwankar also could not reveal any details of the case.

The complaint is being filed after a Colaba resident, Nandini Suchde had sent a letter to Deshmukh in December 2014. Saraf also has two other FIRs filed against him by Suchde under various sections of the IPC.

Suchde's mother Gitika Ghosh, under Saraf's care died in Bombay Hospital in January 2013. After Ghosh's death, Suchde wrote to the Maharashtra Medical Council (MMC) and the Azad Maidan police in July 2013. The cops then wrote to J J Hospital, asking for opinion. On September 27, 2013, Suchde and the police received a letter from J J Hospital, stating Ghosh’s death was due to “professional negligence”.

A case was registered against Saraf and four other doctors on the panel which treated Ghosh, under Sections 309 (culpable homicide not amounting to murder), 201 (giving false information), 420 (cheating), 467 (forging documents), 471 (fraudulent use of documents) 109 (abetment) of the IPC. Suchde filed a Right To Information (RTI) application with the MMC to ascertain if Saraf was registered with the Council.

A reply in December 2013 stated he was not registered with MMC, and had, in fact, not renewed his licence since 1988. Suchde filed more applications and, armed with the replies, approached the police to file a case. “Dr. Saraf was receiving monthly salaries of Rs 500, Rs 700 and Rs 1,000 during his tenure in KEM hospital from 1975 to 2005. He was also a part of two other reputed institutions. How could he have continued his practice for almost 27 years without a licence?” wondered Suchde.

Saraf is currently a consultant for General Orthopedics, Joint Replacement Surgery and Arthroscopy and the Head of the Orthopedics Department at Bombay Hospital. “I seek justice for my mother and I hope in the near future I get it,” said Suchde.

The ADC has documents with regards to the case that was shared by Nandini Suchde.