Protect doctors

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Protect Doctors

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Protect doctors

  1. 1. PROTECT DOCTORS <br />DR. IMRAN KHAN<br />
  2. 2. ARE DOCTORS REALLY PROTECTED?<br /> CURRENT SITUATION<br />
  3. 3. ARE DOCTORS REALLY PROTECTED?<br />BOXER ARE FOLLOWING:<br />POLITICIANS<br />HOOLIGANS<br />LAW<br />MEDIA<br />SO CALLED SOCIALISTS<br />DOCTORS’ COMMUNITY<br />PATIENTS .<br /><ul><li> DOCTORS ARE “PUNCHING BAG”</li></li></ul><li>US<br />&<br />THEM<br />
  4. 4. INCREASING FREQUENCY AND SEVERITY OF ATTACKS IN GMCH AND AMCH, ASSAM<br />
  5. 5. DOCTOR COMMUNITY AS A WHOLE IS DEFAMED BY CERTAIN ELEMENTS OF SOCIETY.<br />BUT NOW,IT HAS BECAME ISSUE OF LIFE AND DEATH FOR DOCTORS.<br />IF THIS COUNTINUES, NO STUDENT WOULD LIKE TO BECAME DOCTOR IN FUTURE.<br />
  6. 6. THE LAWOn August 05,2005 a Three Judge Bench of Supreme Court of India of Chief Justice R.C.Lahoti,Justice G.P.Mathur and JusticeP.K.Balasubramanyam by order quashedprosecution of a medical professional under Section304-A / 34 IPC and disposed of all the interlocutoryapplications that doctors should not be heldcriminally responsible unless there is a prima-facieevidence before the Court in the form of a credibleopinion from another competent doctor, preferablya Government doctor in the same field of medicinesupporting the charges of rash and negligent act.<br />
  7. 7. LAW ENFORCEMENT<br />Should IPC Section 304A be applicable to doctors? <br />304A is a cognizable offence, which means that the police can act without a warrant for arrest.<br /> 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.<br />
  8. 8. LAW ENFORCEMENT<br />1.Concept of negligence is different in civil and<br /> criminal law.<br />2. Doctors and medical practice have to be treated<br /> differently.<br />3. The alleged negligence should be of gross nature to <br /> attract criminal liability.<br />4. Many a complaint prefer recourse to criminal<br /> process as a tool for pressuring doctor for extracting<br /> unjust compensation<br />
  9. 9. LAW ENFORCEMENT<br />5. A private complaint may not be entertained<br /> unless the complainant produces prima facie<br /> evidence.<br />6. The service done by doctor is the noblest of <br /> all.They have to be protected.<br />7. The loss of reputation suffered by a doctor <br /> cannot be compensated by any standards.<br />
  10. 10. LAW ENFORCEMENT<br />8. A doctor should not be arrested in a routine<br /> manner.<br />9. Guidelines have been prescribed by apex <br /> court.<br />10. Statutory rules need to be framed by the<br /> Government of India and State Govts. in<br /> consultation with Medical Council of India.<br />
  11. 11. MEDIA WILL NEVER SUPPORT YOU.<br />Summary of the current situation<br />Use brief bullets, discuss details verbally<br />
  12. 12. DOCTORS COMMUNITY<br />DOCTORS DO NOT SUPPORT THEIR COLLEAGUES IN CRISIS<br />DOCTORS CRITISIZE EACH OTHER<br />MANY A TIMES MAIN VINDICTIVE REASONS ARE GIVEN BY OUR COLLEAGUES<br />WE ARE NOT UNITED<br />
  13. 13. DOCTOR PATIENT RELATIONSHIP<br />BASED ON MERELY A BUSINESS RELATION- BOTH SIDES<br />DOCTORS STILL RECOGNISE A PATIENT BY A DISEASE- NOT BY NAME<br />THE MORALITY & ETHICAL BELIEFS OF THE SOCIETY IS CHANGING<br />INCREASING POPULATION, INCREASING PATIENT AND MANY DOCTORS, SO PRIOR RELATIONSHIP IS CHANGED.<br />
  14. 14. ALERT ALERT… NOW IT’S A SAFETY ISSUE FOR US<br />ONE SOLUTION TO THIS PROBLEM IS MEDICAL PROTECTION ACT<br />
  15. 15. DOCOTRS’ PROTECTION ACTHISTORY-ANDHRA<br />Thousands of Doctors continued their strike in Government Hospitals across Andhra Pradesh, from <br /> 2 December to 18 December 2007. <br />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.<br />Doctors demanded that a non-bailable case be registered against the MIM MLA Afsar Khan <br />Doctors wanted the Government to pass an ordinance to ensure security at Government Hospitals.<br />
  16. 16. DOCOTRS’ PROTECTION ACTHISTORY-ANDHRA<br />(a) Registered Medical Practitioners, working in Medicare Institutions<br />(including those having provisional Registration;<br />(b) Registered nurse;<br />(c) Medical students;<br />(d) Nursing students;<br />(e) Practical workers employed and working in Medicare Service Institutions.<br />
  17. 17. DOCOTRS’ PROTECTION ACTHISTORY-ANDHRA<br />Any act of violence against Medicare service person or damage to property in a Medicare service Institution is prohibited. <br />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 <br /> fifty thousand rupees.<br />Any offence committed under Section , shall be cognizable and non cognizance of Bailable. Offence<br />
  18. 18. DOCOTRS’ PROTECTION ACTHISTORY-ANDHRA<br />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. <br />
  19. 19. DOCOTRS’ PROTECTION ACTHISTORY-ANDHRA<br />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<br /> Pradesh Recovery Act, 1864 as if it were an arrears of land revenue due from him.<br /> 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. <br />
  20. 20. DOCOTRS’ PROTECTION ACT HISTORY-MAHARASHTRA<br />In December 2007 IMA Maharashtra demanded similar act in Maharashtra<br />The then Deputy Chief & Home Minister Mr. R.R. Patil assured the better law in six months<br />In June 2008- IMA Pune, demanded the quicker decision about the Law<br />On 10th Oct. 2008, IMA, Mah. Organised a State wide Token Strike- 100% successful <br />
  21. 21. WE MUST DEMAND MEDICAL PROTECTION ACT HERE ALSO.<br />THAT WILL BE BENIFICIAL FOR ALL OF US. <br />SO THAT ,WE CAN PRACTICE MEDICINE AND HEAL PATIENTS IN A BETTER WAY.<br />
  22. 22. THANK YOU<br />

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