How to deal with the deadly disease of Violence against Doctors?

How to deal with the deadly disease of Violence against Doctors? 

Beat the Wrong-mindset and not the Doctors :

Adv. Rohit Erande.©

A) Introduction :
 Attacks on Doctors and on Hospitals have become rampant in these days all over the Country. It will not be hyperbole if I would state here that almost every Hospital in India has experienced the dreadful attack and violence against the Hospital and the Doctors. It has created fear amongst the Medicos. The relationship between the Patients and Medical professionals is going through vicious circle and due to such incidences, the circle is not getting any breakthrough. Every Medico has one question in mind, Will it ever stop ?

B) The Scenario :
Hon. Shri. Pranav Mukherjee, the then Hon. President of India also expressed his deep concern over incidences of attacks on Doctors. While speaking at the inauguration of the Indian Institute of Liver and Digestive Sciences (IILDS), Kolkata, Shri. Pranab Mukherjee described attacks on Doctors and Hospitals as “unacceptable” attacks and vandalisation of hospitals by angry relatives of patients, saying they too have some responsibilities to ensure a better healthcare system. At the same time, he urged medical professionals to bring in that “human touch”, saying a smiling face can cure a thousand lives.

C) Why violence takes place ?
The most prominent reason is death of the patient. These incidences are common in Emergency rooms. The Patients/relatives treat the Doctors as God, but when the patient cannot be survived, the same god becomes “Devil”. Last year in one of the reputed hospital, the Doctors called the Police and then declared the death of the patient. So in these days Doctors are really tensed when it comes to declaring the death of a patient. Another angle to it is in some of the cases it has been observed that the patient/relatives make it an issue to avoid the payment. At times media comes to their rescue by making it as “breaking news”.

D) Effect of violence on Doctors :
The Effect of violence against Doctors is manifold. It has physical, psychological, monetary impacts. There have been instances where the Doctors were brutally attacked to death. It creates tremendous fear amongst them and a kind of negative feeling towards the profession. Already many of Sr. Doctors are advising their children not to join medical field. This is an alarming situation.

E) What does the Law say ?

1. What we have to beat is our wrong mindset, and not the doctors. The Law has taken enough care for dealing with wrong committed by Doctors. There are enough criminal remedies as well as civil remedies available in negligence cases. In some of the cases, Courts have started awarding compensation depending upon age of the patient. In appropriate cases, Courts have awarded compensation in Crores to the patients.
2. Dual pressure on Doctors :
Thus at one hand the Doctors are under pressure of being prosecuted and at other end they are under constant fear of being attacked. No other professional would be under such pressure like medicos. Doctors are caught in vicious circle. When Doctors are attacked , natural reaction of Doctors is to go on strike. If they go on Strike, Courts have in catena of judgments have declared that there is no right to go on strike. Thus the Central Govt. should bring effective legislation to curb the menace of attack on Doctors.

3. As far as Maharashtra State is concerned, it has passed the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to the property) Act, 2010. The name of the Act itself indicates the intention behind passing of the Act. The Provisions of this Act are applicable in addition to other legal provisions. Lets see the salient features of the Act in nutshell.

4. The Act gives protection to : 
Doctors, Medical Students, Nursing Students, Nursing Staff, the Hospital, the Hospital staff, any worker directly or indirectly employed by the Hospital, Para-Medial Staff. Mobile Medical Unit i.e. the Ambulance, Movable and Immovable property of the Hospital.
So the Act has covered almost everybody who is prone to violence. 

What is violence? 
As per Sec.2(i) of the said Act “violence” means an act which an act which causes or may cause any harm or endangering the life of, or intimidation, obstruction or hindrance to any of the above referred person (i.e. Medical Service Person) whom the protection is given as well as causing damage to the property of the Hospital (i.e. Medicare Service Institution) Punishment provided for : The Offender is liable fro punishment of 3 years imprisonment and/or fine, which may extend to Rs.50,000/-. In addition thereto, the Offender is also liable to pay compensation of twice the amount of damage or loss caused to the property. If the offender fails to pay such compensation, the arrears shall be recovered as Land revenue i.e. first preference will be given amongst other creditors.

5. Judiciary and Negligence.
Hon. Apex Court has also observed in many cases that , “a doctor with fear in his/her mind of attacks or legal action, cannot hold the scalpel with shaky hands”. If one has any grievances against Drs, Law has taken ample care for that, but violence against Drs is not at all acceptable. In Medical negligence case, the Apex Court has taken the balanced view. At times it has dismissed forthwith the charges of negligence against the Doctors and in other cases granted few Crores of rupees as compensation. Always remember that facts of each case plays a pivotal role in litigation. Thus there is no alternative for proper documentation. “NO DOCUMENTATION IS NO PROOF, POOR DOCUMENTATION IS POOR PROOF”.

6. What could be the steps to prevent such incidents :

a) Full proof Center Legislation to deal with violence against Doctors is a must. There are hardly few states who have Laws like Maharashtra. Thus it will be better if we have a Centralized Act, which shall be applicable in all over India.
b) CCTVs and Private Security Guards : Now almost all the Hospitals have these. But there are limitations of private guards as they cannot carry weapon. Hon. Bombay high Court has already directed the State Govt. and Police Department to provide armed security to government Hospitals.

c) Check on no. of attendants :
More the attendants, greater the risk of violence. The People should also be made aware that Hospitals are not picnic spots. More the attendants, there are greater chances of getting infection too. The PIL no.77/2015, was filed in Hon. Bombay High Court to challenge the Strike of Doctors as illegal. The Doctors / MARD called for strike for various reasons and prominent one for getting police protection against violence on Doctors. The Bombay high Court in its interim order has held that, “during visiting hours, at a time Max. 2 relatives/friends should be permitted to meet the patient”.
d) The general IPC provisions as well civil remedies are there, but the procedure is time consuming and Doctors are found reluctant to take recourse thereof.
e) Make the Society aware : The Society must be made aware that in the long run it will be to the detriment of their interests only if attacks on doctors are not stopped. The Society will not change its mindset. We don't want to stop smoking, stop over-drinking, stop bad food habits, but we want quick results from Docs, otherwise what? Blame it on Drs and beat them. ,
f) Few good words with the patients :
The Patients want time of Doctors and few good words. If they have a feeling that they are being neglected, then the ruckus starts. Cordial relations avoid any unpleasant action. It may not be always true, but still it costs nothing to talk few good and sympathizing words.

7. Conclusion :
Shri. Swami Vivekananda once very rightly said, "The medical science has its limitations. There is no technique or method which will tell you 100% correct „Medical Bhavishya (astrology)‟ of anyone. Thus Drs., who on the basis of their skill, knowledge and intelligence treat their patients if not to be worshipped as God, then they are also not to be condemned as Devil too" Even if we are moving towards digital India, human intervention on all spheres of life is inevitable. Mind well Internet cannot be the alternative to the Doctors or any other professional. In Sanskrit it is said Dharmo Rakshati Rakshitah which means if you save the Dharma (good cause), it will save you in turn. Replace the word Dharma with Doctors.. 

Thanks & Regards, 
Adv. Rohit Erande. Pune. 
© 

Disclaimer : For Private circulation only. These are personal views of the author. The readers are advised to take proper advise before relying on this article as the facts of each case may vary and the law and judicial decisions may change from time to time.