protect doctors

PROTECT DOCTORS

DR. IMRAN KHAN

ARE DOCTORS REALLY PROTECTED?

CURRENT SITUATION

ARE DOCTORS REALLY PROTECTED?

BOXER ARE FOLLOWING:

POLITICIANS HOOLIGANS LAW MEDIA SO CALLED

SOCIALISTS DOCTORS’

COMMUNITY PATIENTS .

DOCTORS ARE “PUNCHING BAG”

INCREASING FREQUENCY AND SEVERITY OF ATTACKS IN GMCH AND AMCH, ASSAM

DOCTOR COMMUNITY AS A WHOLE IS DEFAMED BY CERTAIN ELEMENTS OF SOCIETY.

BUT NOW,IT HAS BECAME ISSUE OF LIFE AND DEATH FOR DOCTORS.

IF THIS COUNTINUES, NO STUDENT WOULD LIKE TO BECAME DOCTOR IN FUTURE.

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.

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.

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

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.

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.

MEDIA WILL NEVER SUPPORT YOU.

Summary of the current situation Use brief bullets, discuss details

verbally

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

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

INCREASING POPULATION, INCREASING PATIENT AND MANY DOCTORS, SO PRIOR RELATIONSHIP IS CHANGED.

ALERT ALERT… NOW IT’S A SAFETY ISSUE FOR US

ONE SOLUTION TO THIS PROBLEM IS

MEDICAL PROTECTION ACT

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.


(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.


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. Offence


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.


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.

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 10th Oct. 2008, IMA, Mah. Organised a State wide Token Strike- 100% successful

WE MUST DEMAND MEDICAL PROTECTION ACT HERE ALSO.

THAT WILL BE BENIFICIAL FOR ALL OF US.

SO THAT ,WE CAN PRACTICE MEDICINE AND HEAL PATIENTS IN A BETTER WAY.

THANK YOU

protect doctors

Health & Medicine

imran khan

current situation