DUTIES and RIGHTS of Doctors relating to Treatment, appearance as a Witness in Court in accident cases.

It's said that a wise man should not step in the Court. However, in reality even if one on his own does not want to, he/she may have to appear in the Court. May be as defendant and for Doctors most of the time as a Witness. What are the duties and rights of Doctors ?

As per the report published in 2004 by WHO, till 2020 road accident will be the major reason for deaths of people in India. Right to Immediate Medical Treatment in road accidents is the fundamental right of the victim. The Apex Court way back in the year 1989 has framed the guidelines and in 2016 in the judgment of Save Life Foundation V/s. Union of India,  "Good Samaritan" guidelines also have been recently modified and accepted. Let's have a look in brief.

1. The Hospital and Doctors cannot refuse treatment to such victims for want of money or police complaint. It can be made available later, but human life is something most precious.

2. As per code of ethics, clause No.13, it is the "prerogative of Doctors" to decide to whom they should treat. But in emergency cases, such victims should be treated on priority basis, needless to say by giving all out efforts. if Doctors think that the Hospital is not equipped with proper equipments etc to treat such patients, its the responsibility of such Doctors to refer such victim to higher center.

3. The Doctors may stop the treatment to such victim, provided prior written consent of such victim or near relative is obtained. It underlines the cardinal principle that "NO RECORD IS NO DEFENSE & POOR RECORD IS POOR DEFENSE"
SOLACE TO DOCTORS :

4. The Hon Apex court has also given solace to Doctors in such cases and it has been directed that Doctors can be called to Court as Witness only if required and when called for, then Doctors should be given preference over other witness, so that their precious time is saved. It is also seen that normally Courts do give preference to Doctors whenever they are called as Witness in any case, may be related to Accident or as a Witness over the WILL.

5. If we could make fear less atmosphere and when Doctors will gain confidence that they will not be trapped in police cases, , more and more Doctors will come forward to treat such accident victims.

6. These guidelines are also applicable in natural calamities like Flood, Earthquakes etc.

 Thanks and Regards,

 Adv. Rohit Erande.
Pune. © 

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