≡ Menu

IMA Threatens “Satyagraha” as Health Ministry Agrees to Change Benevolent Laws for Shielding Doctors Including a “Cap” on Compensation for Victims of Medical Negligence: PBT Lodges Strong Protest with Health Minister

The Indian Medical Association (IMA) has declared victory in bringing new amendments in several long-standing and patients-protective laws including the Consumer Protection Act (CPA), Clinical Establishment Act (CEA), PCPNDT Act (for preventing female fetuses) and even the Indian Penal Code (IPC). PBT has obtained an email communication from Dr. K.K. Aggarwal, IMA General Secretary and a close ally of disgraced Dr. Ketan Desai, which categorically shows that top IMA leaders met with the Union Health Minister, Mr. J.P. Nadda, on 10th November, 2015 when health minister agreed to act on 5 specific IMA’s demands for bringing changes in the CPA, CEA, PCPNDT and IPC for better protection of doctors (see email communication below between Dr. Aggarwal and other doctors). The IMA has also claimed that Mr. Nadda has already formed a high-power “Committee” to see how legal changes as demanded by the IMA can be implemented soon. Ironically, apart from high-rank government officials from different departments, this “Committee” also has doctor-members from IMA and MCI but nobody to represent the hapless patients of India.

The IMA leaders have also threatened that unless the “Committee” gives their report within 6 weeks and government initiates the process of necessary amendments of law, all doctors will join cease work (“Satyagraha”). The 5 IMA demands include implementation of a “cap” or maximum limit (5 to 10 lakh rupees) of financial compensation that can be awarded by the consumer courts for negligent death of a patient. The IMA has also sought amendments in the PCPNDT Act in order to loosen the power of the criminal law against the unscrupulous doctors who are involved with unlawful sex diagnosis of a pregnant woman only for the purpose of aborting female fetuses. On the other hand, IMA has also demanded that changes in the IPC should also be implemented so that in case any negligent doctor/hospital is challenged or presumed to be threatened by the victim of “medical negligence” or victim’s friends/families, they should be jailed for long time and charged with non-bailable offense. While PBT has always condemned any physical violence against doctors/hospitals because two wrongs cannot never be a right, IMA and medical community must be able to appreciate the underlying reason why ordinary law-abiding citizens sometime resort to violence after losing their loved ones in front of their eyes as a result of gross medical negligence. Lack of any hope of finding justice against the errant doctors by the corrupt and biased medical council is the root cause of most attacks on doctors. PBT has raised strong objection in a letter sent to the health minister by PBT president, Dr. Kunal Saha (see below). PBT has also brought this shocking anti-patients development to the attention of the chairman of the Parliamentary Standing Committee on Health & Family Welfare (see below).

IMA’s Letter (5-point Demand)

Health Ministry letter (Nov 14, 2015)

Comments on this entry are closed.

  • Ganesh Mandal November 17, 2015, 11:38 am

    Thanks to PBT to take initiative protest against High Power Committee formed by Health Ministry. On behalf of PBT, we need to create more pressure on Health Minsitry to take one member from PBT in the committee for representing hapless patients of India.

  • Anil Kumar kedia November 18, 2015, 12:06 am

    Some of the hospital along with the doctor in kolkata they are making money not doing good treatment . they are also charging for testing much much high in campare to Ap & Tn.

  • Saileswar Chakrabarti November 18, 2015, 10:51 am

    The IMA’s demands are illegal as the same are contrary to ethics and moral principles and public policies. The former Mumbai High Court Justice once said what is morally wrong cannot be legally right.

  • Dr prince. k.j November 20, 2015, 2:32 am

    The IMA,s demands are illegal.Both the patients and doctors right should be protected.

  • S.K.Thakur November 20, 2015, 10:32 am

    Physical assault on any doctor or damage to the property of the hospital by the attendants of the patient should be condemned by all the sections of the society. No law is going to check it. Putting a cap on financial compensation or amendment in IPC as suggested, is going to give wrong signal in the society and in fact it will make the situation worse. There is need to work in the direction of good doctor-patient relationship and better communication skill with the patient and the attendants. The prompt disciplinary action against delinquent doctors by SMC & MCI will definitely help in bringing down the court cases against doctors.

  • Rakesh Mittal November 20, 2015, 10:52 pm

    WILL THE INDIAN MEDICAL ASSOCIATION ALSO JOKINGLY CALLED INDIAN MEDICAL MAFIA ASSOCIATION NOW APOLOGIES TO WORLD MEDICAL COMMUNITY FOR MISREPRESENTING IN IT’S WHITE PAPER ON MEDICAL MAFIA LORD KETAN DESAI THAT TECHNICALLY HIS LICENCE WAS NEVER SUSPENDED AS MCI DO NOT HAVE POWERS TO SUSPEND MEDICAL LICENCE. RECENT HIGH COURT JUDGEMENT ON WRIT PETITION NO. 11429, 11431, 11432 of 2012 (A.S) & 562 of 2013 (O.S) CLEARLY RULING THAT MCI HAS SUCH ABSOLUTE POWERS UNDER THE PROVISIONS OF “CODE OF ETHICS & REGULATIONS, 2012”.
    Did IMA ever apeared for Bar Council Exit Exam before giving opinions on legal matters?
    SIGN THE PETITION FOR M.A.N.D.A.T.O.R.Y NATIONAL EXIT EXAM (with provisions of temporary registration) FOR BETTER PG SEATS & BETTER MEDI CARE IN INDIA.
    https://www.change.org/p/2009230?just_created=true
    Kindly visit NATIONAL EXIT EXAM FOR MBBS GRADUATES INDIA our FB group & People for Better Medi Care India our FB page. Not to block any one in life is it’s stated official policy.

  • Parag November 20, 2015, 11:05 pm

    This is insane…its like robbers asking to put a cap on their punishment to a max of 5 years even if they kill someone. Instead of feeling guilty of committing medical negligence and taking someone’s life, these so called doctors are looking for a green signal to commit more and more medical negligence. Next step could be to ask insurance companies to cover the fixed medical negligence claim amount!!! Its a shame that such kind of people are even alive.

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag