Writ plea challenges Medical Council's handling of plaint

PANAJI

An advocate has moved the High Court of Bombay at Goa, challenging the Goa Medical Council’s handling of a complaint of an alleged unregistered medical practice including surgery performed in 2023.

Advocate Moses Pinto has filed a writ petition questioning an order passed by the Ethics and Disciplinary Committee (EDC) of the Goa Medical Council (GMC) on July 19, 2024, as well as the National Medical Commission’s (NMC) refusal to entertain his appeal against that order.

In his petition, Pinto stated he underwent a laparoscopic appendectomy at a private hospital in Margao on August 1, 2023; and that the surgery was performed by a surgeon who, at that time, did not hold a valid registration with the Goa Medical Council. Pinto further claimed that he developed serious post-operative complications and later required corrective surgery at a hospital in New Delhi, where a retained appendiceal stump was allegedly detected.

Following the incident, Pinto lodged a complaint before the GMC in January 2024, alleging professional misconduct, unregistered medical practice and lack of proper informed consent. While the EDC reportedly recorded that the surgeon had practised in Goa for several months without registration, it imposed a fine of Rs 10,000 and did not order further action. The petition also challenges the grant of “retrospective registration” to the doctor.

Pinto subsequently filed an ethics appeal before the National Medical Commission. However, the NMC, in a communication dated November 20, 2024, rejected the appeal on the ground that the complainant was not a medical professional, making the appeal non-maintainable under the National Medical Commission Act, 2019.

In his fresh writ petition, filed pursuant to liberty granted earlier by the High Court, Pinto has sought directions for reconsideration of the GMC’s disciplinary order and a declaration that the NMC’s rejection of his appeal was arbitrary. He has also sought interim relief, including a direction to flag the concerned doctor’s registration status pending adjudication.