Medical Professional and related laws in India

“Wear the white coat with dignity and pride, it is an honour and privilege to get to serve the public as a physician.”

A medical practioner is basically a doctor/physician (registered or licensed under law) who practices medicines. Medical practioner diagnose and treats the illness of the patients whether physical, psychological or any injury. They also refers the patient to the other specialist if necessary. Medical practioner plays a very pivotal role in the society. They are accountable for a society’s increasing life expectancy and well-being. Even during the tough times in Covid-19,they worked efficiently and effectively as a front foot warriors and saved lives of so many people. Doctors are critical to a successful reaction to the Covid-19 Pandemic. Doctors, since we all know, play a very important role in our existences that it is critical that there own rights be protected from any wrongdoing or prejudice. 2 (1) (o) of the Consumer Protection Act, 1986 contains the service given by them. Consumer Protection Act of 1986.

Professional Liabilities

Medical profession is a noble profession however it comes with certain liabilities.

Medical Negligence is considered to be the one of the most crucial concern not just in our country but worldwide. The reason behind this, is the increasing number of cases where an under qualified medical practioner has been taken under inquiry for not taking reasonable care during operation, diagnosis , treatment etc.
A practitioner who poses as a healthcare professional and offers medical consultation indirectly acknowledges that he possesses the necessary knowledge and skills for the job. Whether or not he is indeed a licenced medical professional, such an individual owes a duty of care to the sufferer in deciding what medication and therapy to provide. A physician’s failure to fulfil any one of these tasks will be deemed ignorance.
A medical practioner or a hospital shall be held liable when they have not undertaken proper care and it led to suffering of the patient.
According to section 69(1) of the Consumer Protection Act, any aggrieved person can file a claim in the consumer forum for damages for medical negligence against a medical practitioner or hospital. The claim must be lodged within two years of the date of injury. Taken aggrieved person can also file a complaint against the medical professional or the hospital in the Medical Council of India. Herein the complainant would not be eligible for the damages or compensation but strict action will be taken by the medical council like suspending the medical practioner or by cancelling his/her license.
Under the Indian Penal Code, medical negligence is also criminally actionable for the following reasons:
If the doctor acts in “bad faith”, without due care or attention [S. 52, IPC]
It is just a factual question if the harm to be deterred or avoided by a medical practitioner was of such a character and so immediate that it justified or excused the risk of conducting the act with the knowledge that it was likely to cause harm. [IPC, S. 81]
A medical procedure done in good faith and with no intent to cause death, with consent of the patient, but which is an illegal procedure, will make the practitioner liable [S. 88 r/w S. 91, IPC]
Rash or negligent act endangering the life or causing hurt to a person [Ss. 337, 338, IPC]
When a patient comes to the doctor in agony or needs to regain their health quickly, it is the doctor’s responsibility and duty to provide proper care and cure the patient’s disease.
There are many cases that deals with medical negligence
In Chandigarh Clinical Laboratory vs Jagjeet Kaur The National Consumer Disputes Redress Commission upheld the State and District commissioners’ rulings, ordering the appellant to pay the complainant Rs.25,000 plus expenses of Rs.2000. The patient had obtained inaccurate results from the appellant laboratory, and the Commission determined that the appellant owed the patient a “duty of care” to give accurate findings, and that this constituted medical negligence.
The case of Jagdish Prasad Singh V Dr. A.K.Chatterjee, established that in a suit for negligence, whether the patient suffered significant harm would not be a judging criterion. It had ordered the defendants to pay the plaintiff Rs 25,000 in compensation and Rs 5,000 in litigation costs for the mental anguish and physical abuse he had suffered.
In Indian Medical Association vs V.P Shantha 1956 – Landmark judgement through which Supreme Court stated that any services rendered by the medical professionals comes under Consumer Protection Act.

Effect of Consumer Protection Act in Medical field

The medical profession is regarded as a respectable profession, yet it has been scrutinised on occasions, as have all those who work in it. Medical malpractice is regarded as one of the most pressing issues, not only in our country but around the world. The main reason is because several situations have been documented in which an underqualified medical professional has been investigated for failing to exercise reasonable care during an operation, numerous agnosia, or other procedure.

Is the Consumer Protection Act making medical practise more difficult? No, I don’t believe so. Taken in the correct manner, it is a gift for ethical, patient-centred physicians. Doctors who claim to follow ethics have long complained that colleagues who engage in unethical behaviour have an unfair edge because they have no control over their actions. The CPA should play a role in reducing this unequal advantage.

A person who poses as a medical practitioner and offers medical advice or treatment indirectly acknowledges that he possesses the necessary knowledge and skills for the job. Whether or not he is a licenced medical professional, such a person owes an obligation to the patient in determining on which medications and therapies to administer. A physician’s failure to fulfil any of these tasks will be considered negligence.

Protection to Medical Practitioner

Medical Practioner have to be very careful when they perform any surgery or operation. If the doctor has taken required care needed for that surgery or operation, he is not guilty for medical negligence, and he has all rights to prove his point by supporting his statement with evidences in the court of law. Now even the court of India move accordingly on case to case basis after the analysis of court, that what would be the reasonable standard of care. As a result, the standard of care is no longer the accepted practise at the time, but rather a higher standard of reasonable care in each case, which the Court will set after considering all relevant considerations.

Medical practioner Act, 1950, The Medical Council of India ,1956 – These both act consists of range of section which includes recognition of medical qualification, registration as practioner in the law, Right of person possessing qualification, special provision in certain cases, Power to require information and examination, There are sections on registration in the Indian medical register, provisional registration for clinical practise, privileges of a person enrolled in the Indian medical register, and a variety of other topics. If the action is conducted in good faith, no suit, prosecution, or other legal action will be brought against the State Medical Council or the hospital.

By giving him separate and autonomous rights, the person who treats or examines an injured person can maintain his impartiality. If a doctor is registered with the state council in the state where he lives, he has complete legal authority to practise medicine. No action against a medical practioner can be taken unless an opportunity has been given to him to be heard in person or through an advocate. Doctor’s are obliged to inform the police and the other authorized lawman all cases of rape, burn, poisoning, suicide, homicide, illegal abortion, manslaughter and any grievous hurt. A doctor cannot be forced to treat any patient, though whenever he agrees to treat any patient their is an agreement which means he gets into a contract.

The country has seen allot of violence in recent times on doctor’s. Medical Protection Act has come to rescue the medical practioner. Many states are now approving the bill to protect the doctor’s i.e. The Medical Protection Act of 2013 was enacted in 2013. The law has already been enacted in places such as Jharkhand and Uttar Pradesh. If a doctor is harassed, the culprit will be fined 50,000 rupees and sentenced to judicial custody under such a act. In India, a new Epidemic (Amended) Ordinance, 2020 was passed for the security of health care staff and doctors, which is a huge welcome and prevention for the medical fraternity.

Mob Lynching

Now, India is wracked by the COVID-19 pandemic. It is a necessary step in the fight against violence and assault against medical professionals.

Abuses and harassment on doctors have been occurring in Indian hospitals for a lengthy moment. The COVID19 outbreak pushed doctor-on-doctor violence to the fore. Because it was a moment when the entire country was stretching through to individuals — the general public, the government, associations, corporations, and students. India had now realised the crucial need for medical personnel. However, violence against doctors has once again harmed this need. Violence was reported in COVID-designated hospitals, quarantine centres, and even at the homes of these health-care workers. It wasn’t simply during the current COVID-19 outbreak. Until this time everything was going on a national scale and garnering attention. At the time, the Health Minister wrote to all chief ministers, urging them to consider passing particular laws to safeguard doctors and medical workers, and enclosing a copy of the IMA’s Safety of Medical Service Persons and Health Services Institutions draught. Doctors who work in emergency departments are the hardest hit.

There are 3 broad categories because of which mob lynching takes place –

Infrastructural and personnel capability deficiencies
Quality of primary care
Inadequate communication skills

There are few research that look into the objective reasons of incidences of violence against healthcare workers. However, if these three causes are addressed, the frequency of attacks and violent incidents will slowly decline. The recent case of mob lynching on doctor’s has been addressed on 9^th May 2021 in Arunachal Pradesh. Another case where a doctor got late in treating the patient has to face mob lynching in Assam.(Dr Deben Dutta lynching case). In this case court has also punished the accused, one gets death and rest have been convicted under IPC.Many cases of mob lynching on doctor’s have been addressed and protection should be provided to the Medical Professionals. The court has been actively participating in giving justice to the doctors and is also necessary to safeguard the right and to provide justice to all medical fraternity.

Conclusion

There seems to be a lot of publication and discussion regarding the likely causes of violence against healthcare workers in the last year as a result of incidences of violence against medical practitioners. The general public’s apparent lack of respect for the profession, a widespread misconception of the field, media portrayal, and other factors were all prevalent causes. Several practising specialists have also expressed concern about a lack of trust between them and their patients. There is also a requirement to address public’s opinion. While the complexities of India’s health service cannot be articulated in soundbites, the day-to-day operations of hospitals as well as the daily obstacles faced by doctors can be shared with the general population. This would assist patients become more aware of the limitations, as well as aid to the development of trust in the doctor-patient connection.

“Doctor is not a Profession, It’s a Responsibility A responsibility of saving lives.

A noble value that provides priceless service. Money can get you anything but only a doctor save a life.

Doctor is a Responsibility

Doctor is last hope of life.”

References

CONSUMER PROTECTION ACT, 1986
CONSUMER PROTECTION ACT, 2019
https://www.lawteacher.net/cases/bolam–v–friern–hospital–php
https://www.mondaq.com/india/dodd–frank–consumer–protection–act/1062944/medical–negligence–india
https://timesofindia.indiatimes.com/india/Over-75-of-doctors-have-faced-violence-at-workstudy-finds/articleshow/47143806.cms
https://www.jstor.org/stable/4399481