Attack on Doctors. MBBS – “Muscle-bound” and Bachelor of Surgery
An Overview MBBS – “Muscle-bound” and Bachelor of Surgery. – A new acronym for Drs for protecting themselves from Attacks! It is said that there is unity in diversity in India… But this unity is also found, when it comes to Attack on Doctors…… There is no bar of cast, creed, religion, place, when it comes to attack on Drs… Take any State, any City of India, you will find rampant examples of attack on Doctors… A recent incident , where a doctor was allegedly thrashed by a leader, who later apologized, emphasises a Dire Need for effective legislation to protect Doctors from violence and attacks…… Swami Vivekananda has said, “The medical science has its limitations. There is no technique or method which will tell you 100% correct ” Medical Bhavishya” of anyone. Thus Drs., who on the basis of their skill, knowledge and intelligence treat their patients if not to be worshipped as God, then they are also not to be condemned as Devil too” The General public must be made aware of this fact that the Medical science is an incomplete science and it has its own limitations too.. For every failure in treatment, A Doctor cannot be held negligent. Those who have any grievances about treatment of Drs, have legal remedies. But by attacking Drs, such people do not gain anything, but in long run, there will be no Dr. to treat such patients. There is an interesting aspect behind such attacks. It has been observed that, whenever there is attack on Drs, the hidden intention is to not to pay the Hospital and Doctor charges… The medico-legal cases are fought from District consumer Forum to Supreme Court. The Hon. Apex Court, has always taken balanced approach in Medico-legal cases. In some cases it has granted compensation of few Crores of Rupee and in some cases it has saved Drs from such huge compensation to be paid. For umpteen no of time it has been observed by the Courts that, if Drs are not protected from false complaints and attacks, then society should not blame them for not offering their services…. It has also been observed that, “It is a matter of common knowledge that after happening of some unfortunate event, there is a marked tendency to look for a human factor to blame for an untoward event, a tendency which is closely linked with the desire to punish. Things have gone wrong and, therefore, somebody must be found to answer for it. A professional deserves total protection (Kusum Sharma V/s. Batra Hospital – AIR 2010 SC 1050 ) I think Andhra Pradesh was the only State which brought an Ordinance in 2007 which has provided legal shield to not only to Drs but also to hospital staff, nurses, ward boys, from illegal attacks… It provided for 3 year imprisonment and/or fine of Rs.50,000/- to the perpetrators. Plus if the Hospital Machinery or property is damaged in such attacks, then compensation of double the amount of cost of Machinery or property can be recovered from the convict…. I do not know, whether the ordinance has been converted into Law or not. The Maharashtra ordinance also has lapsed by efflux of time long back.. Thus a Central law is a must on this subject. Finally, Like in all disputes, in Medico-Legal cases too EGO is the root cause of problems!! Patients should not get carried away by “advice” of their alleged “well-wishers” and at the same time Drs. should see that patient is given your time, with few good words !!! As there are black sheep in every heard, so there are in Medical Profession. But that does not mean that all the Doctors are doing unethical practice. This reminds me of a Sanskrit verse “Dharmo Rakshati Rakshitaha ” which means if you protect Dharma (good cause), in turn it will protect you from evil…. Replace the word Doctor, for Dharma…… Else the day is not so far where Dr. will not carry a stethoscope and if he/she carries, it shall also have a weapon in other hand….
An article by
Adv. Rohit Erande Pune. .