are doctors really protected

ARE DOCTORS REALLY PROTECTED?

DR. AVINASH BHONDWEPRESIDENT, IMA, PUNE

PROTECTION


POLITICIANS HOOLIGANS LAW MEDIA SO CALLED

SOCIALISTS DOCTORS’

COMMUNITY PATIENTS

POLITICAL ATTACKS

1. A WELL KNOWN POLITICIAN TREATED & DIED IN A BIG HOSPITAL

ATTACKS ON DOCOTRS & HOSPITALS

ON August 26, POLITICAL PARTY activists

reduced to rubble the 200-bed Sunitidevi Singhania Hospital in Thane

A POPULAR LEADER Mr. Anand Dighe, treated for a fractured leg, died.

ATTACKS ON DOCOTRS & HOSPITALS

In three hours of mayhem, they torched the building and smashed ambulances, medical equipments and everything in sight. Patients, doctors and nurses were sent scurrying for cover.

A six-month-old child with a respiratory problem and a 65-year-old man suffering from a kidney ailment died after their life-support machines were wrecked.

HOOLIGANS ATTACKS

HOOLIGANS ATTACKS

IN PUNE’S CANTONMENT HOSPITAL, POONA HOSPITAL, SAHYADRI HOSPITAL, SURYA HOSPITALS HOOLIGANS ATTACKED AFTER DEATH OF A PATIENT DOCTORS WERE MANHANDLED & ABUSED EXTERIORS & OTHER THINGS DESTROYED


WHATEVER IS HAPPENNING IN PUNE IS OCCURING EVERYWHERE IN MAHARASHTRA

MUMBAI- ANDHERI,MALAD NASIK, AURANGABAD,

NAGPUR,KOLHAPUR JUNNAR,TALEGAON,REMOTE PLACES

LAW:- AGAINST DOCTORS

1. CPC2. CIVIL CASE3. MEDICAL COUNCIL OF INDIA4. CONSUMER PROTECTION ACT5. PNDT6. CLINICAL ESTABLISHMENT ACT

LAW ENFORCEMENT

Should IPC Section 304A be applicable to doctors?

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

On August 05,2005 a Three Judge Bench of Supreme Court of India of Chief Justice R.C.Lahoti,Justice G.P.Mathur and JusticeP.K.Balasubramanyam by order quashedprosecution of a medical professional under Section304-A / 34 IPC and disposed of all the interlocutoryapplications that doctors should not be heldcriminally responsible unless there is a prima-facieevidence before the Court in the form of a credibleopinion from another competent doctor, preferablya Government doctor in the same field of medicinesupporting the charges of rash and negligent act.

LAW ENFORCEMENT

Should IPC Section 304A be applicable to doctors?

304A is a cognizable offence, which means that the police can act without a warrant for arrest.

Therefore, it is proposed that the Indian Penal Code be amended in such manner that for cases involving complaint with respect to medical negligence, a warrant for arrest from a magistrate would be required before the practitioner could be arrested.

LAW ENFORCEMENT

1.Concept of negligence is different in civil and criminal law. 2. Doctors and medical practice have to be treated differently. 3. The alleged negligence should be of gross nature to attract criminal liability. 4. Many a complaint prefer recourse to criminal process as a tool for pressuring doctor for extracting unjust compensation

LAW ENFORCEMENT

5. A private complaint may not be entertained unless the complainant produces prima facie evidence. 6. The service done by doctor is the noblest of all.They have to be protected. 7. The loss of reputation suffered by a doctor cannot be compensated by any standards.

LAW ENFORCEMENT

8. A doctor should not be arrested in a routine

manner. 9. Guidelines have been prescribed by apex court. 10. Statutory rules need to be framed by the Government of India and State Govts. in consultation with Medical Council of India.

3.MEDIA

Summary of the current situation Use brief bullets, discuss details

verbally

DOCTORS COMMUNITY

DOCTORS DO NOT SUPPORT THEIR COLLEAGUES IN CRISIS

DOCTORS CRITISIZE EACH OTHER MANY A TIMES MAIN VINDICTIVE

REASONS ARE GIVEN BY OUR COLLEAGUES

WE ARE NOT UNITED

PATIENTS

LOOK UPON DOCTORS GET EASY MONEY

FIRMLY BELIEVE THAT WE LOOT THEM LESS MONEY – MORE SERVICE IS

EXPECTED WHEN SOMETHING GOES WRONG

ALWAYS BELIEVE THAT WRONG TREATMENT IS GIVEN

NO MORE CONSIDERS DOCTORS AS DEMI GODS

DOCTOR PATIENT RELATIONSHIP

BASED ON MERELY A BUSINESS RELATION- BOTH SIDES

DOCTORS STILL RECOGNISE A PATIENT BY A DISEASE- NOT BY NAME

THE MORALITY & ETHICAL BELIEFS OF THE SOCIETY IS CHANGING

FAMILY- FROM UNITED FAMILY TO NUCLEAR

DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA

Thousands of Doctors continued their strike in Government Hospitals across Andhra Pradesh, from

2 December to 18 December 2007.

OPD services were hit as doctors went on strike after a legislator of the MiM party allegedly manhandled medical staff at Hyderabad's Niloufer children's hospital.

Doctors demanded that a non-bailable case be registered against the MIM MLA Afsar Khan

Doctors wanted the Government to pass an ordinance to ensure security at Government Hospitals.


(a) Registered Medical Practitioners, working in Medicare Institutions

(including those having provisional Registration;

(b) Registered nurse; (c) Medical students; (d) Nursing students; (e) Practical workers employed and working

in Medicare Service Institutions.


Any act of violence against Medicare service person or damage to property in a Medicare service Institution is prohibited.

Any Offender who commits any act in contravention, shall be punished with imprisonment for a period of Three years and with fine, which may extend to

fifty thousand rupees. Any offence committed under Section , shall

be cognizable and non cognizance of Bailable. Offence


In addition to the punishment specified in section the offender recovery of loss for the damage Caused to the property shall be liable to a penalty of twice the amount of purchase price of medical equipment damaged and loss caused to the property as determined by the Court trying the offender.


If the offender has not paid the penal amount under sub-section (1),the said sum shall be recovered under the provisions of the Andhra

Pradesh Recovery Act, 1864 as if it were an arrears of land revenue due from him.

The provisions of this Ordinance shall be in addition to and not in Ordinance not derogation of the provisions of any other law, for the time begin in force.

DOCOTRS’ PROTECTION ACT HISTORY-MAHARASHTRA

In December 2007 IMA Maharashtra demanded similar act in Maharashtra

The then Deputy Chief & Home Minister Mr. R.R. Patil assured the better law in six months

In June 2008- IMA Pune, demanded the quicker decision about the Law

On 10th Oct. 2008, IMA, Mah. Organised a State wide Token Strike- 100% successful

DOCOTRS’ PROTECTION ACT HISTORY-MAHARASHTRA

CURRENT POSITION The draft given by IMA accepted by

State Cabinet meeting The Bill is still pending in Legislative

Assembly for discussion- even after 2 sessions

There seems to be some hindrance from Political Parties

DOCTORS’ LOBBYING

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