"Save the Saviors - Beat the wrong mindset, not the Doctors" Adv. Rohit Erande ©

  "Save the Saviors -  Beat the wrong mindset, not the Doctors"  

Adv. Rohit Erande ©

Last few days, what's been happening after the Deenanath Mangeshkar hospital's incident is nothing but sentiments are being forced to rule the Law ! 

The Physical Assault or Attacks on Doctors have become very common and  sarcastically, if I may say so, any one can get a PHD in this subject.. But until now the Drs were only attacked, but now what we can see that the Media Trial has already held the Doctor and the Hospital as Negligent and unfortunately, the main issue has been politicized.  

It is said that there is unity in diversity in India… But this unity is also found, when it comes to Attack on Doctors…… There is no bar of cast, creed, religion, place, when it comes to attack on Drs… Take any State, any City of India, you will find rampant examples of attack on Doctors…

I remember reading somewhere the quote of Swami Vivekananda, "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"

Medical Science is the incomplete Science .. 

The General public must be made aware of this fact that the Medical science is an incomplete science and it has its own limitations too.. 

There are enough remedies for treating the Negligence cases and in many cases the Courts have granted compensation from lakhs to Crores to the victim. The Black sheep in the White Coats should be treated with iron hands of law, no doubt, but not by taking law in our own hands. 

At the same time, it must be remembered that  for every failure in treatment, A Doctor cannot be held negligent. Those who have any grievances about treatment of Drs, have legal remedies. But by attacking Drs, such people do not gain anything, but in long run, there will be no Dr. to treat such patients.

There is an interesting aspect behind such attacks. It has been observed that, whenever there is attack on Drs, the hidden intention is to not to pay the Hospital and Doctor charges…

The medico-legal cases are fought from District consumer Forum to Supreme Court. The Hon. Apex Court, has always taken balanced approach in Medico-legal cases. In some cases it has granted compensation of few Crores of Rupee and in some cases it has saved Drs from such huge compensation to be paid. For umpteen no of time it has been observed by the Courts that, if Drs are not protected from false complaints and attacks, then society should not blame them for not offering their services....

The Important principles (more of a Solace !) on Arrest of Doctors laid down by hon'ble apex court in the celebrated judgment of (Dr.) Jacob Mathew V/s. State of Punjab (2005 (6) SCC 1 = AIR 2005 SUPREME COURT 3180) are as under : 

“52. …we propose to lay down certain guidelines for the future which should govern the prosecution of doctors for offences of which criminal rashness or criminal negligence is an ingredient.

i.) A private complaint may not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor.

ii.) The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service, qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying the Bolam test to the facts collected in the investigation.

iii.) A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been leveled against him).

iv.) Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigating officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.”

It has also been observed that, “It is a matter of common knowledge that after happening of some unfortunate event, there is a marked tendency to look for a human factor to blame for an untoward event, a tendency which is closely linked with the desire to punish. Things have gone wrong and, therefore, somebody must be found to answer for it. A professional deserves total protection (Kusum Sharma V/s. Batra Hospital - AIR 2010 SC 1050 )

Need of a Central Law : 

If I am correct, Maharashtra and Andhra Pradesh are the only States which have codified law on this topic which provides legal shield to not only to Drs but also to hospital staff, nurses, ward boys, from illegal attacks... 

It provides for 3 year imprisonment and/or fine of Rs.50,000/- to the perpetrators. Plus if the Hospital Machinery or property is damaged in such attacks, then compensation of double the amount of cost of Machinery or property can be recovered from the convict.

Nonetheless a Central law is a must on this subject. The amendment to that effect was made in Pandemic Act, but it's applicable only during pandemic !!

Patients should not get carried away by "advice" of their alleged "well-wishers" and at the same time Drs. should see that patient is given your time, with few good words !!!

As there are black sheep in every heard, so there are in Medical Profession. But that does not mean that all the Doctors are doing unethical practice.

This 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......

Else the day is not so far where a Doctor alongwith a stethoscope will also carry self defense weapon in other hand…

A day is not so far where a new acronym for Doctors MBBS – “Muscle-bound” and Bachelor of Safety, will be made...

Thanks and Regds.

Adv. Rohit Erande

Pune.©