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Physical Attacks On Doctors And “Doctors’ Strike” – Two Wrongs Can Never Make One Right

Lately, Indian Medical Association (IMA), largest doctors’ club and other doctors’ groups across India have started strong movements by crippling hospital services through “doctors’ strike” to protest against physical assaults on doctors and hospital services causing endless pain and suffering for countless innocent patients. The powerful medical lobbies have also exerted pressure on state and central governments to implement new criminal laws seeking non-bailable warrants and up to 14 years of imprisonment for any relatives/friends of the alleged victim of “medical negligence” accused of any attacks on doctor and hospital vandalism. Some states like West Bengal have already enacted such draconian laws only to protect members of the medical profession.

PBT has never condoned any form of physical violence against doctors and hospitals. We also want that government must be able to provide adequate protection against physical attacks against any citizen and members of all profession including doctors. The Code of Criminal Procedure Code (CrPC) and Indian Penal Code (IPC) already have several legal provisions for criminal prosecution against physical violence and destruction of property. In addition, civil laws also provide added protection against any loss due to physical destruction of life and property. What is the justification to make new laws only for protection of our healers? Under Section 304A of CrPC, when a doctor is found guilty for causing death of a patient due to gross medical negligence, the maximum punishment is imprisonment for up to 2 years – ironically, no doctor has ever been sentenced to jail for 2 years in Indian medical history.

Now IMA wants new criminal law to put a deeply aggrieved and otherwise peaceful family member of an alleged victim of medical negligence in jail for 14 years even if he makes a minimal threat after witnessing his loved one dying from reckless treatment and losing mental momentary control. Doctors in India also need to think why incidence of doctor bashing or hospital vandalism is simply unimaginable in developed countries like USA and UK. It is because people in USA/UK have trust on their medical regulatory system as medical councils in the West routinely held many doctors guilty for medical negligence and take stringent disciplinary action by canceling their medical registration. In sharp contrast, Medical Council of India (MCI) and state medical councils in India are riddled with corruption that function only shield their errant medical colleagues without caring for the lives of the defenseless patients as virtually no doctor is found guilty by the doctor-only members of the medical councils in India. A repot written by PBT president, Dr. Kunal Saha, on this burning issue is published in this week’s British Medical Journal (BMD) (see below)

BMJ (Mar 30, 2017) doctor attacks

Comments on this entry are closed.

  • Dr. Basavaraj Modi April 3, 2017, 1:30 am

    It deeply pains me that after repeated attacks on them, when doctors went on strike , the High court made caustic remarks about doctors and their ( unethical ) practice.
    I was pained more deeply when these doctors made comments on judiciary system that, there are number cases where justice has not been delivered specially in cases of VIPs and the rich people. They also alleged that there is purposeful inordinate delay in hearing of cases at all levels of judiciary system where in money and influence plays important role and where people concerned are party to it, specially the lawyers and judicial staff.

    This is very bad . I strongly believe that of three pillars of democracy only judiciary appears to non corrupt and not influenced by corruption.

    Let God save our mother land.

  • Sonia April 3, 2017, 1:51 am

    Good arguments put forward by PBT. Governments can not be favouring the rich and powerful at the expense of the weak and helpless. Doctors and patients are expected to be equal before the Rule of Law. If doctors, nurses and other hospital staff, management and all their associates in the medical industry and government were to treat patients as human beings with wants, needs, feelings and emotions instead of as cash cows and specimens for research, I’m sure the incidents of violence would drop drastically. As per latest news, medical devices etc have been dropped from GST. What is the point of having ‘people’s representatives’ if they cow down to blackmail by the rich and powerful? Shame on them!

  • Parag April 8, 2017, 12:09 am

    If MCI and Legal system would take more than a decade to punish corrupt Doctor’s, If normal people witness negligence and arrogance of corrupt Doctors on regular basis – then there does not remain any other option!

    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

  • Anonymous April 11, 2017, 6:20 pm

    Anonymous white hackers discovered some information from discussions within a group of Indian doctors. They are sensitive in nature to disclose on public web. They do not want to create a generalized bad impression about all the doctors. They are willing to share as HTML and screenshots on onion web.

    They are requesting Dr. Kunal Saha to keep an eye on emails including junks for the onion link and kind co-operation. Dr. Kunal Saha is good person living in the US but not all of the Indian doctor living at US or UK are good.

    Regards

  • your friend April 16, 2017, 8:37 am

    In india the system is so lax that a US doctor can medical murder of his WIFE and escape scot free and extort the system also.
    Thats why we need strong laws to protect indian Doctors.
    Its shameful that inspite of attack on doctors this guy is still making political statements for selfish gains .

    Can this guy explain what was the fault of a doctor , ortho resident , serving a government hospital to get eye damaged on referring a patient of head injury to higher centre for non availiablity of neurosurgeon.
    if this guy cannot explain the Fault of this brother of ours who lost his eye then get lost unless we collectively start a criminal case against him for defaming and also reopen all old cases under section 302.