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Are doctors really protected

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  • 1. ARE DOCTORS REALLY PROTECTED? DR. AVINASH BHONDWE PRESIDENT, IMA, PUNE
  • 2. PROTECTION
  • 3. ARE DOCTORS REALLY PROTECTED? PUNCHING BAG
  • 4. ARE DOCTORS REALLY PROTECTED?
    • POLITICIANS
    • HOOLIGANS
    • LAW
    • MEDIA
    • SO CALLED SOCIALISTS
    • DOCTORS’ COMMUNITY
    • PATIENTS
  • 5. POLITICAL ATTACKS
    • 1. A WELL KNOWN POLITICIAN TREATED & DIED IN A BIG HOSPITAL
  • 6. ATTACKS ON DOCOTRS & HOSPITALS
    • ON August 26, POLITICAL PARTY activists reduced to rubble the 200-bed Sunitidevi Singhania Hospital in Thane
    • A POPULAR LEADER Mr. Anand Dighe,
    • treated for a fractured leg, died.
  • 7. ATTACKS ON DOCOTRS & HOSPITALS
    • In three hours of mayhem, they torched the building and smashed ambulances, medical equipments and everything in sight. Patients, doctors and nurses were sent scurrying for cover.
    • A six-month-old child with a respiratory problem and a 65-year-old man suffering from a kidney ailment died after their life-support machines were wrecked.
  • 8. HOOLIGANS ATTACKS
  • 9. HOOLIGANS ATTACKS
    • IN PUNE’S CANTONMENT HOSPITAL,
    • POONA HOSPITAL, SAHYADRI
    • HOSPITAL, SURYA HOSPITALS
    • HOOLIGANS ATTACKED AFTER
    • DEATH OF A PATIENT
    • DOCTORS WERE MANHANDLED & ABUSED
    • EXTERIORS & OTHER THINGS DESTROYED
  • 10. ARE DOCTORS REALLY PROTECTED?
    • WHATEVER IS HAPPENNING IN PUNE IS OCCURING EVERYWHERE IN MAHARASHTRA
    • MUMBAI- ANDHERI,MALAD
    • NASIK, AURANGABAD, NAGPUR,KOLHAPUR
    • JUNNAR,TALEGAON,REMOTE PLACES
  • 11. LAW:- AGAINST DOCTORS
    • CPC
    • CIVIL CASE
    • MEDICAL COUNCIL OF INDIA
    • CONSUMER PROTECTION ACT
    • PNDT
    • CLINICAL ESTABLISHMENT ACT
  • 12. LAW ENFORCEMENT
    • Should IPC Section 304A be applicable to doctors?
    • Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
  • 13. On August 05,2005 a Three Judge Bench of Supreme Court of India of Chief Justice R.C.Lahoti, Justice G.P.Mathur and Justice P.K.Balasubramanyam by order quashed prosecution of a medical professional under Section 304-A / 34 IPC and disposed of all the interlocutory applications that doctors should not be held criminally responsible unless there is a prima-facie evidence before the Court in the form of a credible opinion from another competent doctor, preferably a Government doctor in the same field of medicine supporting the charges of rash and negligent act.
  • 14. LAW ENFORCEMENT
    • Should IPC Section 304A be applicable to doctors?
    • 304A is a cognizable offence, which means that the police can act without a warrant for arrest.
    • Therefore, it is proposed that the Indian Penal Code be amended in such manner that for cases involving complaint with respect to medical negligence, a warrant for arrest from a magistrate would be required before the practitioner could be arrested.
  • 15. LAW ENFORCEMENT
    • 1.Concept of negligence is different in civil and
    • criminal law.
    • 2. Doctors and medical practice have to be treated
    • differently.
    • 3. The alleged negligence should be of gross nature to
    • attract criminal liability.
    • 4. Many a complaint prefer recourse to criminal
    • process as a tool for pressuring doctor for extracting
    • unjust compensation
  • 16. LAW ENFORCEMENT
    • 5. A private complaint may not be entertained
    • unless the complainant produces prima facie
    • evidence.
    • 6. The service done by doctor is the noblest of
    • all.They have to be protected.
    • 7. The loss of reputation suffered by a doctor
    • cannot be compensated by any standards.
  • 17. LAW ENFORCEMENT
    • 8. A doctor should not be arrested in a routine
    • manner.
    • 9. Guidelines have been prescribed by apex
    • court.
    • 10. Statutory rules need to be framed by the
    • Government of India and State Govts. in
    • consultation with Medical Council of India.
  • 18. 3.MEDIA
    • Summary of the current situation
    • Use brief bullets, discuss details verbally
  • 19. DOCTORS COMMUNITY
    • DOCTORS DO NOT SUPPORT THEIR COLLEAGUES IN CRISIS
    • DOCTORS CRITISIZE EACH OTHER
    • MANY A TIMES MAIN VINDICTIVE REASONS ARE GIVEN BY OUR COLLEAGUES
    • WE ARE NOT UNITED
  • 20. US & THEM
  • 21. PATIENTS
    • LOOK UPON DOCTORS GET EASY MONEY
    • FIRMLY BELIEVE THAT WE LOOT THEM
    • LESS MONEY – MORE SERVICE IS EXPECTED
    • WHEN SOMETHING GOES WRONG ALWAYS BELIEVE THAT WRONG TREATMENT IS GIVEN
    • NO MORE CONSIDERS DOCTORS AS DEMI GODS
  • 22. DOCTOR PATIENT RELATIONSHIP
    • BASED ON MERELY A BUSINESS RELATION- BOTH SIDES
    • DOCTORS STILL RECOGNISE A PATIENT BY A DISEASE- NOT BY NAME
    • THE MORALITY & ETHICAL BELIEFS OF THE SOCIETY IS CHANGING
    • FAMILY- FROM UNITED FAMILY TO NUCLEAR
  • 23. DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA
    • Thousands of Doctors continued their strike in Government Hospitals across Andhra Pradesh, from
    • 2 December to 18 December 2007.
    • OPD services were hit as doctors went on strike after a legislator of the MiM party allegedly manhandled medical staff at Hyderabad's Niloufer children's hospital.
    • Doctors demanded that a non-bailable case be registered against the MIM MLA Afsar Khan
    • Doctors wanted the Government to pass an ordinance to ensure security at Government Hospitals.
  • 24. DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA
    • (a) Registered Medical Practitioners, working in Medicare Institutions
    • (including those having provisional Registration;
    • (b) Registered nurse;
    • (c) Medical students;
    • (d) Nursing students;
    • (e) Practical workers employed and working in Medicare Service Institutions.
  • 25. DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA
    • Any act of violence against Medicare service person or damage to property in a Medicare service Institution is prohibited.
    • Any Offender who commits any act in contravention, shall be punished with imprisonment for a period of Three years and with fine, which may extend to
    • fifty thousand rupees.
    • Any offence committed under Section , shall be cognizable and non cognizance of Bailable. O ffence
  • 26. DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA
    • In addition to the punishment specified in section the offender recovery of loss for the damage Caused to the property shall be liable to a penalty of twice the amount of purchase price of medical equipment damaged and loss caused to the property as determined by the Court trying the offender.
  • 27. DOCOTRS’ PROTECTION ACT HISTORY-ANDHRA
    • If the offender has not paid the penal amount under sub-section (1),the said sum shall be recovered under the provisions of the Andhra
    • Pradesh Recovery Act, 1864 as if it were an arrears of land revenue due from him.
    • The provisions of this Ordinance shall be in addition to and not in Ordinance not derogation of the provisions of any other law, for the time begin in force.
  • 28. DOCOTRS’ PROTECTION ACT HISTORY-MAHARASHTRA
    • In December 2007 IMA Maharashtra demanded similar act in Maharashtra
    • The then Deputy Chief & Home Minister Mr. R.R. Patil assured the better law in six months
    • In June 2008- IMA Pune, demanded the quicker decision about the Law
    • On 10 th Oct. 2008, IMA, Mah. Organised a State wide Token Strike- 100% successful
  • 29. DOCOTRS’ PROTECTION ACT HISTORY-MAHARASHTRA CURRENT POSITION
    • The draft given by IMA accepted by State Cabinet meeting
    • The Bill is still pending in Legislative Assembly for discussion- even after 2 sessions
    • There seems to be some hindrance from Political Parties
  • 30.
    • DOCTORS’ LOBBYING
  • 31. THANK YOU

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