Are Doctors really frontline Workers or Punchbags ? Adv. ROHiT Erande. ©
Are Doctors really the frontline Workers or the Punchbags ?
Adv. ROHiT Erande. ©
After the horrific incident of Dr.Archana Sharma, Rajasthan, another incident took place in Jaipur where a Radiologist was beaten as he reportedly asked the patient to wait as patient's bladder was not full...
In the days of Covid-19, where the Doctors were risking their lives to save us, many of them even sacrificed thier lives, but sorry to say that some people are not mature enough to treat the doctors and the incidents of violence against Doctors is at its peak as if Doctors are punchbag. The recent attack on Doctor in Hojai District, Assam is the living example of it.
Last year, the age old Epidemic Diseases Act, 1897 was amended by Central Govt. to protect the healthcare workers from attacks and the key features may be summarised as under :
1. Attack on Health-care workers shall be treated as Cognizable and Non-bailable.
2. Investigation will be done within 30 days.
3. Accused can be sentenced from 3 months to 5 years and penalty from Rs.50,000 upto 2 lakhs.
4. In case of grave injury to Healthcare workers, the Accused can be sentenced to Jail for the period of 6 months to 7 years.
& the penalty for the accused shall be from Rs.1 lakh to Rs.5 lakhs.
The Law is there in the Law books, what we need is strict implementation. needed demand of the Medicos has finally been full filled.
However the above amended provisions are applicable prospectively and only in Epidemic situation and the demand of Doctors has been that I should be made applicable in case of each and every violence cases and Govt. should think positively over it.
There are very few states like Maharashtra which have passed general law to protect Doctors from Violence, but again, its implementation is the key.
It reminds me that few years back 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.
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. 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
Hon. Apex Court has also observed rightly 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.
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.. ,
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" 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"
This entire sad state reminds me of a Sanskrit verse "Dharmo Rakshati Rakshitaha " which means if you protect Dharma (good cause), in turn it will protect you from evil.... Replace the word Doctor, for Dharma...
Thanks and Regards,
Adv. ROHiT Erande.
Pune ©
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