Continuing its protest against the government's decision to introduce a three-and-a-half-year-long Bachelor of Rural Health Course (BRHC) in the country, the Indian Medical Association has now called upon medical students and young doctors from across the country to join their agitation. The Association has also threatened to intensify its agitation by wearing black bands and going on an hour-long token strike in case the government does not pay heed to their demand of withdrawing the proposed course.
“It is unfortunate that the government has decided to go ahead with its plan to start the BRHC despite strong opposition. We have now called upon young doctors from across the country to be a part of the protest movement to ensure that the government has a chance to listen to the grievances of those who are going to be adversely affected by the introduction of this new course,” said IMA joint secretary Dr. Narendra Saini.
He said it is not just young doctors who would be adversely hit but the course would also affect the health of rural India as the course would “produce half-baked doctors”.
“Next month, doctors across the country will protest by wearing black bands on one day and the next month we will participate in a token strike. This is to drive home the point that doctors are unhappy with the introduction of the course. There is also a general consensus among medical students and young doctors on the ill effects of such a move. These doctors have joined under the banner Young Doctors' Federation to highlight their problems and to ensure that there is sustained pressure on the government to take back the course,” added a senior IMA official.
In a statement, the Association noted that through the introduction of the course, the government will produce “semi-qualified quacks” which will further expose the patients to several problems.
Source: The Hindu, 24, Feb, 2011. http://www.thehindu.com/news/cities/Delhi/article1487057.ece
Tuesday, March 15, 2011
Monday, March 7, 2011
Driving licence to indicate desire to donate organ
If the Union Health Ministry has its way, driver’s licences will indicate if the holder wants to donate organs after death.
In an ambitious plan to decrease the gap between the demand and supply of organs, the government is considering earmarking a designated space, indicating “donor”, on the driving licence.
The idea, officials say, will soon be communicated to the Ministry of Road Transport and Highways.
The ministry has got a sample driving licence from the US so that the same design and matter could be replicated here.
“At least, the intention of a dying person will be known to doctors, who can thereafter convince the family,” said a senior ministry official.
In a bid to streamline organ donation, the government also proposes to allow swap donation, tissue donation and expand the definition of near relatives to include grandparents and grandchildren in the Transplantation of Human Organs (Amendment) Bill 2009, which is likely to see light of the day soon.
With the amendments ready, the ministry proposes to table the final draft of the Bill, which may be called “Transplantation of Human Organs and Tissues Act” (THOTA), during the budget session.
The amendments were recommended by the Standing Committee on Health and Family Welfare last year. Tissue donation will include heart valves, bones transplantation, cornea, skin and vessels.
Once passed by Parliament, a pair of donor and recipient who are near relatives but whose organs do not medically match for transplantation will now be permitted to “swap organs” with another pair of such persons.
However, the approval of an authorization committee that will be constituted by the state governments and Union Territories will be required. The composition of the committee will be prescribed by the Centre.
The Health Ministry accepted about 43-odd recommendations of the Standing Committee to widen the scope of organ donation.
After the Cabinet passes it, the proposed Bill will be sent to the Law Ministry and then tabled in Parliament during the Budget Session.
Earlier, near-relatives included spouse, son, mother, daughter, father, brother, sister. Now, it adds grandparents and grandchildren.
The Bill enhances the penalty for unauthorised removal of human organs and for receiving or making payment for human organs up to 10 years of imprisonment and Rs. 25 lakh fine.
In case the donor or recipient is a foreign national, prior approval of the authorisation committee will be mandatory.
“In case the recipient is a foreigner and the donor is Indian, donation will be allowed only if they are relatives,” said a senior official in the ministry.
The government is also considering “required request” for patients dying in the intensive care unit (ICU). “If the patient is brain dead, the incharge of the ICU can give the option of donation to the family,” added the official.
http://www.indianexpress.com/news/health-ministry-for-driving-licence-to-indicate-desire-to-donate-organ/746991/0
In an ambitious plan to decrease the gap between the demand and supply of organs, the government is considering earmarking a designated space, indicating “donor”, on the driving licence.
The idea, officials say, will soon be communicated to the Ministry of Road Transport and Highways.
The ministry has got a sample driving licence from the US so that the same design and matter could be replicated here.
“At least, the intention of a dying person will be known to doctors, who can thereafter convince the family,” said a senior ministry official.
In a bid to streamline organ donation, the government also proposes to allow swap donation, tissue donation and expand the definition of near relatives to include grandparents and grandchildren in the Transplantation of Human Organs (Amendment) Bill 2009, which is likely to see light of the day soon.
With the amendments ready, the ministry proposes to table the final draft of the Bill, which may be called “Transplantation of Human Organs and Tissues Act” (THOTA), during the budget session.
The amendments were recommended by the Standing Committee on Health and Family Welfare last year. Tissue donation will include heart valves, bones transplantation, cornea, skin and vessels.
Once passed by Parliament, a pair of donor and recipient who are near relatives but whose organs do not medically match for transplantation will now be permitted to “swap organs” with another pair of such persons.
However, the approval of an authorization committee that will be constituted by the state governments and Union Territories will be required. The composition of the committee will be prescribed by the Centre.
The Health Ministry accepted about 43-odd recommendations of the Standing Committee to widen the scope of organ donation.
After the Cabinet passes it, the proposed Bill will be sent to the Law Ministry and then tabled in Parliament during the Budget Session.
Earlier, near-relatives included spouse, son, mother, daughter, father, brother, sister. Now, it adds grandparents and grandchildren.
The Bill enhances the penalty for unauthorised removal of human organs and for receiving or making payment for human organs up to 10 years of imprisonment and Rs. 25 lakh fine.
In case the donor or recipient is a foreign national, prior approval of the authorisation committee will be mandatory.
“In case the recipient is a foreigner and the donor is Indian, donation will be allowed only if they are relatives,” said a senior official in the ministry.
The government is also considering “required request” for patients dying in the intensive care unit (ICU). “If the patient is brain dead, the incharge of the ICU can give the option of donation to the family,” added the official.
http://www.indianexpress.com/news/health-ministry-for-driving-licence-to-indicate-desire-to-donate-organ/746991/0
Monday, October 11, 2010
“How to prevent litigation in Medical Practice? Do’s and Don’ts for a doctor.”
In ancient times, Medical Practice was more of an art than anything else. At that time healers were considered God. Then the medical profession evolved as a science. Still the doctors were considered next to God. The relationship between doctor and patient was of faith and trust. But now it has become more of a Business. Modern Medical Science has ignored the healing of soul or psyche of a patient leading to patient dissatisfaction. Recently there has been marked development in the medical profession and the concept of Quality Care has emerged. Expectation of the patient has grown tremendously. In today’s world of consumerism the patient is very intelligent. He has a lot of medical information even before consulting the doctor. For him there is no difference between buying a car or getting the medical services. To add to the insult, our doctor colleagues are no less. Doctors generally criticize their colleagues without realizing the consequences. Patient becomes aware of the deficiencies in health sector, ultimately leading to increased litigation.
The nature of our profession is such that it is prone to litigation. We are dealing with life and death of humans and cannot get 2nd chance to rectify the mistake. We must take some active steps so as to prevent the litigation. Every doctor must be aware towards his legal duties and should take the following precautions in the medical practice: Don’t assure 100% results. Take informed written consent. In cases of medico-legal implications do inform the police and keep documentary proof of the same. Avoid giving prescription on phone. Give extra time to potential litigants. Get the necessary investigations done and keep the record. Full record of the patient should be maintained. Keep a photocopy of the certificate issued. Put a stamp on every prescription/certificate mentioning your name, qualifications, registration number. Write legible and complete prescription. Give proper instructions regarding dosage, duration and likely effect and side effect of the medicine. Take extra caution in case of emergencies. Always ensure that the drug to be administered is properly identified. If a serious patient is to be referred, do it fast and explain everything to the relatives. Keep track of the patient and show your concern. Do not delay the treatment particularly in serious patients.
In Malpractice Litigation, medical records are most important. Extra care should be taken in preparation handling and storage of the records. Always remember 5Cs in relation to medical records. They should be clean (legible), comprehensive, clear, correct and in chronological order. Take written, informed consent in a standard format. Informed refusal must also be documented. History in detail must be recorded. Date and Time are extremely important. All nursing care record (Temp charts, diet charts etc) must be maintained with date & time. Investigations ordered and their results must be maintained with date & time. Name & Signature of the treating doctor must be identifiable. Avoid Overwriting, white fluid. Cutting of any word should be done by putting a single line. Medical notes carry confidential information. It should not be left by the bedside of the patient and should be in the custody of responsible staff on duty. Photocopy is to be supplied within 72 hrs of written request. Hand over after verifying identity of the demanding person. Each page must be numbered and carry name of the patient.
A good prescription is one which is legibly written and includes the following:
1. Name, age and address of the Patient.
2. Date and Time of Prescription.
3. Name of the Drug, Strength.
4. Dosage form, Total amount.
5. Instructions, Warnings.
6. Signature, Name, Qualification and Registration No. of the doctor.
Analysis of 45 malpractice cases showed that most of the doctors who were sued, delivered information poorly and devalued the patient’s views. Doctors who can’t communicate well are more likely to end up in court. Good Communication a golden key. It Improves Physician – Patient relationship. A good communication is also likely to reduce the clinical errors and improve patient satisfaction. Research shows that 70% of communication efforts are not heard or rejected or misunderstood. Then how to communicate? Spoken Words, Body Language, Eye Messages, Written Words are various means of communication and all are equally important and must be taken care of while dealing with the patients or their relatives.
We doctors must take these active steps so as to improve the physician – patient relationship and thus preventing the litigation in medical practice. It is a well known principle of science that for every action there is equal and opposite reaction. And it is only the reaction, which is coming from the patients. If we can control/modify the action, definitely there will be no litigation against us.
Dr.V.P.Singh MD, LLB, PGDMLS. Medico-Legal Consultant
In ancient times, Medical Practice was more of an art than anything else. At that time healers were considered God. Then the medical profession evolved as a science. Still the doctors were considered next to God. The relationship between doctor and patient was of faith and trust. But now it has become more of a Business. Modern Medical Science has ignored the healing of soul or psyche of a patient leading to patient dissatisfaction. Recently there has been marked development in the medical profession and the concept of Quality Care has emerged. Expectation of the patient has grown tremendously. In today’s world of consumerism the patient is very intelligent. He has a lot of medical information even before consulting the doctor. For him there is no difference between buying a car or getting the medical services. To add to the insult, our doctor colleagues are no less. Doctors generally criticize their colleagues without realizing the consequences. Patient becomes aware of the deficiencies in health sector, ultimately leading to increased litigation.
The nature of our profession is such that it is prone to litigation. We are dealing with life and death of humans and cannot get 2nd chance to rectify the mistake. We must take some active steps so as to prevent the litigation. Every doctor must be aware towards his legal duties and should take the following precautions in the medical practice: Don’t assure 100% results. Take informed written consent. In cases of medico-legal implications do inform the police and keep documentary proof of the same. Avoid giving prescription on phone. Give extra time to potential litigants. Get the necessary investigations done and keep the record. Full record of the patient should be maintained. Keep a photocopy of the certificate issued. Put a stamp on every prescription/certificate mentioning your name, qualifications, registration number. Write legible and complete prescription. Give proper instructions regarding dosage, duration and likely effect and side effect of the medicine. Take extra caution in case of emergencies. Always ensure that the drug to be administered is properly identified. If a serious patient is to be referred, do it fast and explain everything to the relatives. Keep track of the patient and show your concern. Do not delay the treatment particularly in serious patients.
In Malpractice Litigation, medical records are most important. Extra care should be taken in preparation handling and storage of the records. Always remember 5Cs in relation to medical records. They should be clean (legible), comprehensive, clear, correct and in chronological order. Take written, informed consent in a standard format. Informed refusal must also be documented. History in detail must be recorded. Date and Time are extremely important. All nursing care record (Temp charts, diet charts etc) must be maintained with date & time. Investigations ordered and their results must be maintained with date & time. Name & Signature of the treating doctor must be identifiable. Avoid Overwriting, white fluid. Cutting of any word should be done by putting a single line. Medical notes carry confidential information. It should not be left by the bedside of the patient and should be in the custody of responsible staff on duty. Photocopy is to be supplied within 72 hrs of written request. Hand over after verifying identity of the demanding person. Each page must be numbered and carry name of the patient.
A good prescription is one which is legibly written and includes the following:
1. Name, age and address of the Patient.
2. Date and Time of Prescription.
3. Name of the Drug, Strength.
4. Dosage form, Total amount.
5. Instructions, Warnings.
6. Signature, Name, Qualification and Registration No. of the doctor.
Analysis of 45 malpractice cases showed that most of the doctors who were sued, delivered information poorly and devalued the patient’s views. Doctors who can’t communicate well are more likely to end up in court. Good Communication a golden key. It Improves Physician – Patient relationship. A good communication is also likely to reduce the clinical errors and improve patient satisfaction. Research shows that 70% of communication efforts are not heard or rejected or misunderstood. Then how to communicate? Spoken Words, Body Language, Eye Messages, Written Words are various means of communication and all are equally important and must be taken care of while dealing with the patients or their relatives.
We doctors must take these active steps so as to improve the physician – patient relationship and thus preventing the litigation in medical practice. It is a well known principle of science that for every action there is equal and opposite reaction. And it is only the reaction, which is coming from the patients. If we can control/modify the action, definitely there will be no litigation against us.
Dr.V.P.Singh MD, LLB, PGDMLS. Medico-Legal Consultant
Thursday, February 18, 2010
Medical Records do not fall under RTI unless public interest is attached
New Delhi, Jan 12 (IANS) The Delhi High Court Tuesday ruled that income tax returns and medical records do not fall under the purview of Right To Information (RTI) Act 'unless public interest is attached' holding in its landmark judgment that the Chief Justice of India (CJI) came under the ambit of the transparency law.
Quoting an American writer that 'one man's freedom of information is another man's invasion of privacy', a full bench of Chief Justice Ajit Prakash Shah and Justices S. Muralidhar and Vikramjit Sen said: 'Personal information including tax returns, medical records etc. cannot be disclosed in view of Section 8(1)(j) of the act.'
'If, however, the applicant can show sufficient public interest in disclosure, the bar (preventing disclosure) is lifted and after duly notifying the third party (the individual concerned with the information or whose records are sought) and after considering his views, the authority can disclose it,' they said.
Highlighting how the right to information often clashes with the right to privacy, the court noted that the government stores a lot of information about individuals, supplied by the individuals themselves in applications made for obtaining various licences, permissions including passports, or through disclosures such as income tax returns or for census data.
'When an applicant seeks access to government records containing personal information concerning identifiable individuals, it is obvious that these two rights are capable of generating conflict,' the court said, adding that 'in some cases, this will involve disclosure of information pertaining to public officials. In others, it will involve disclosure of information concerning ordinary citizens. In each instance, the subject of the information can plausibly raise a privacy protection concern.'
However, the court ruled that notes made by the judges do not come under the RTI act, the court said the notes taken by judges while hearing a case cannot be treated as final views expressed by them on the case. 'They are meant only for the use of the judges and cannot be held to be a part of a record 'held' by the public authority. However, if the judge turns in notes along with the rest of his files to be maintained as a part of the record, the same may be disclosed.'
Maintaining that the right to information may not always have a linkage with the freedom of speech, the court said: 'If a citizen gets information, certainly his capacity to speak will be enhanced.'
'But many a time, he needs information which may have nothing to do with his desire to speak. He may wish to know how an administrative authority has used its discretionary powers. He may need information as to whom the petrol pumps have been allotted. The right to information is required to make the exercise of discretionary powers by the executive transparent and, therefore, accountable because such transparency will act as a deterrent against unequal treatment,' the court said.
Quoting an American writer that 'one man's freedom of information is another man's invasion of privacy', a full bench of Chief Justice Ajit Prakash Shah and Justices S. Muralidhar and Vikramjit Sen said: 'Personal information including tax returns, medical records etc. cannot be disclosed in view of Section 8(1)(j) of the act.'
'If, however, the applicant can show sufficient public interest in disclosure, the bar (preventing disclosure) is lifted and after duly notifying the third party (the individual concerned with the information or whose records are sought) and after considering his views, the authority can disclose it,' they said.
Highlighting how the right to information often clashes with the right to privacy, the court noted that the government stores a lot of information about individuals, supplied by the individuals themselves in applications made for obtaining various licences, permissions including passports, or through disclosures such as income tax returns or for census data.
'When an applicant seeks access to government records containing personal information concerning identifiable individuals, it is obvious that these two rights are capable of generating conflict,' the court said, adding that 'in some cases, this will involve disclosure of information pertaining to public officials. In others, it will involve disclosure of information concerning ordinary citizens. In each instance, the subject of the information can plausibly raise a privacy protection concern.'
However, the court ruled that notes made by the judges do not come under the RTI act, the court said the notes taken by judges while hearing a case cannot be treated as final views expressed by them on the case. 'They are meant only for the use of the judges and cannot be held to be a part of a record 'held' by the public authority. However, if the judge turns in notes along with the rest of his files to be maintained as a part of the record, the same may be disclosed.'
Maintaining that the right to information may not always have a linkage with the freedom of speech, the court said: 'If a citizen gets information, certainly his capacity to speak will be enhanced.'
'But many a time, he needs information which may have nothing to do with his desire to speak. He may wish to know how an administrative authority has used its discretionary powers. He may need information as to whom the petrol pumps have been allotted. The right to information is required to make the exercise of discretionary powers by the executive transparent and, therefore, accountable because such transparency will act as a deterrent against unequal treatment,' the court said.
Monday, February 8, 2010
Clinical Establishments (Registration and Regulation) Bill, 2010
The government has approved a Clinical Establishments (Registration and Regulation) Bill, 2010 for bringing all clinics in the country under one law that would go towards creation of a "national registry" and boost health services in the country.
The bill was cleared at a cabinet meeting here presided over by Prime Minister Manmohan Singh. It is likely to be introduced in the budget session of Parliament, beginning Feb 22.
The bill was cleared at a cabinet meeting here presided over by Prime Minister Manmohan Singh. It is likely to be introduced in the budget session of Parliament, beginning Feb 22.
Sunday, January 10, 2010
MCI norms to prohibit doctors from attending conferences financed by pharma companies
(Source: Times of India, Jan3, 2010.)
Through an amendment in its rules that govern the medical ethics in the country, the Medical Council of India (MCI) has prohibited the medical practitioners from attending seminars or events financed by pharmaceutical companies. “A medical practitioner shall not accept any travel facility inside the country or outside, including rail, air, ship, cruise tickets, paid vacations etc, from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, etc,” reads the MCI (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2009. Last year, major medical events attracted over 10,000 doctors, who were accompanied by their family members, resulting in a huge “tourist” turnout. According to market estimates, during such event the huge “tourist” inflow is a boon for the tourism sector and at least Rs 100 crore was generated last year. However, the prospect of such events appears bleak this year after the new MCI guidelines come into effect. Gifts and all other favours offered by any pharmaceutical or allied health care industry or their representatives have been banned under the amended rules. The recently notified MCI amendment came following the American Medical Association’s efforts to restrain the unethical attempts by certain pharmaceutical companies to influence drug recommendation by the medical practitioners. Medical associations have welcomed of the amendment calling it a positive step. “Some pharmaceutical companies have been promoting corruption for undue benefits, bringing in bad reputation for other pharmaceutical companies as well as medical professionals,” said Dr S S Agarwal, national vice-president of Indian Medical Association. “The amendments will pave the way to have a control over such unethical practices. Even as the immediate impact of the amendment cannot be judged, inclusion of the issue in ethics regulation will help control such activities,” he added. Others in the industry are, however, not quite enthusiastic over the development. “In absence of any strict penalties against such violations, the norms will once again be limited to voluntary efforts. With direct funding coming under scanning, the companies will now look for alternative routes to provide such benefits to their favoured doctors,” said a pharmaceutical trader.
Through an amendment in its rules that govern the medical ethics in the country, the Medical Council of India (MCI) has prohibited the medical practitioners from attending seminars or events financed by pharmaceutical companies. “A medical practitioner shall not accept any travel facility inside the country or outside, including rail, air, ship, cruise tickets, paid vacations etc, from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, etc,” reads the MCI (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2009. Last year, major medical events attracted over 10,000 doctors, who were accompanied by their family members, resulting in a huge “tourist” turnout. According to market estimates, during such event the huge “tourist” inflow is a boon for the tourism sector and at least Rs 100 crore was generated last year. However, the prospect of such events appears bleak this year after the new MCI guidelines come into effect. Gifts and all other favours offered by any pharmaceutical or allied health care industry or their representatives have been banned under the amended rules. The recently notified MCI amendment came following the American Medical Association’s efforts to restrain the unethical attempts by certain pharmaceutical companies to influence drug recommendation by the medical practitioners. Medical associations have welcomed of the amendment calling it a positive step. “Some pharmaceutical companies have been promoting corruption for undue benefits, bringing in bad reputation for other pharmaceutical companies as well as medical professionals,” said Dr S S Agarwal, national vice-president of Indian Medical Association. “The amendments will pave the way to have a control over such unethical practices. Even as the immediate impact of the amendment cannot be judged, inclusion of the issue in ethics regulation will help control such activities,” he added. Others in the industry are, however, not quite enthusiastic over the development. “In absence of any strict penalties against such violations, the norms will once again be limited to voluntary efforts. With direct funding coming under scanning, the companies will now look for alternative routes to provide such benefits to their favoured doctors,” said a pharmaceutical trader.
Sunday, October 11, 2009
CME on “Medicolegal Report preparation”
Department of Forensic Medicine, DMCH, Ludhiana organized a CME on “Medicolegal Report preparation” on 29th Aug 09. Theme of the CME was: “Improving the Quality of Medicolegal Report preparation”. More than 100 doctors from North India participated in the CME.
Dr. Daljit Singh, Principal DMCH, informed about the various issues related to medicolegal report writing. He informed that the DMCH has pioneered, by organizing an educational program on procedure of medicolegal report writing.
Dr. Gautam Biswas Head, Forensic Medicine, delivered the welcome address. He delivered a lecture on overview of injury report preparation. Dr. BS Shah, Member Punjab Medical Council, informed all the doctors about CME credit hours required by all the doctors’.
Dr. Virendar Pal Singh (Org. Secretary) said that “presently the quality of medicolegal reports prepared is not satisfactory. Many a times, these reports are not serving any purpose in the Court of law. There is an urgent need for the doctors to realize their legal duties in medicolegal cases. He delivered a lecture on “Procedure of Medicolegal report preparation”.
Guest speakers delivered lectures on various issues related to medicolegal report preparation. Dr. Jagjiv Sharma, Head, Forensic Medicine, CMC discussed the need of consent in medical & medicolegal practice. Dr. Sanjeev Uppal, Professor in Plastic Surgery & Dr. Promila Jindal, Professor in Obs. & Gynae, informed the gathering about the medicolegal aspects of burn and rape cases respectively.
Dr. Daljit Singh, Principal DMCH, informed about the various issues related to medicolegal report writing. He informed that the DMCH has pioneered, by organizing an educational program on procedure of medicolegal report writing.
Dr. Gautam Biswas Head, Forensic Medicine, delivered the welcome address. He delivered a lecture on overview of injury report preparation. Dr. BS Shah, Member Punjab Medical Council, informed all the doctors about CME credit hours required by all the doctors’.
Dr. Virendar Pal Singh (Org. Secretary) said that “presently the quality of medicolegal reports prepared is not satisfactory. Many a times, these reports are not serving any purpose in the Court of law. There is an urgent need for the doctors to realize their legal duties in medicolegal cases. He delivered a lecture on “Procedure of Medicolegal report preparation”.
Guest speakers delivered lectures on various issues related to medicolegal report preparation. Dr. Jagjiv Sharma, Head, Forensic Medicine, CMC discussed the need of consent in medical & medicolegal practice. Dr. Sanjeev Uppal, Professor in Plastic Surgery & Dr. Promila Jindal, Professor in Obs. & Gynae, informed the gathering about the medicolegal aspects of burn and rape cases respectively.
Wednesday, October 7, 2009
SC ticks off doctors for medical negligent cases., The Hindu, May 29, 2009
The Supreme Court on Friday ticked off doctors for increasing number of medical negligence cases being reported in the country.
"Doctors can today do anything. They can leave behind a forcep or a scissor inside a patient's stomach and get away with it.
"Six months down the line when the patient develops pain and comes back, then you would discover the scissor left behind in the stomach and then remove it," a vacation bench of Justices Markandeya Katju and Deepak Verma remarked.
The bench made the remarks while issuing notice to Pintoo Kumar, a victim, on the petition filed by Dr Mahendra Prasad, a doctor who was slapped with a compensation of Rs 4 lakhs by the Bihar State Consumer Commission in a case of alleged medical negligence.
Mr. Kumar had alleged Prasad, a private medical practioner at the Neha Nursing Home, Buxar who had performed an operation on September 16, 2004, to set right a fracture in his right leg, left behind a screw in the operated portion. The alleged negligence resulted in the patient developing "callus formation" warranting another surgery at the Apollo hospital.
According to the victim, Dr. Prasad was not an orthopaedic surgeon but an MBBS with M.S (patho) and yet peformed the operation.
"Doctors can today do anything. They can leave behind a forcep or a scissor inside a patient's stomach and get away with it.
"Six months down the line when the patient develops pain and comes back, then you would discover the scissor left behind in the stomach and then remove it," a vacation bench of Justices Markandeya Katju and Deepak Verma remarked.
The bench made the remarks while issuing notice to Pintoo Kumar, a victim, on the petition filed by Dr Mahendra Prasad, a doctor who was slapped with a compensation of Rs 4 lakhs by the Bihar State Consumer Commission in a case of alleged medical negligence.
Mr. Kumar had alleged Prasad, a private medical practioner at the Neha Nursing Home, Buxar who had performed an operation on September 16, 2004, to set right a fracture in his right leg, left behind a screw in the operated portion. The alleged negligence resulted in the patient developing "callus formation" warranting another surgery at the Apollo hospital.
According to the victim, Dr. Prasad was not an orthopaedic surgeon but an MBBS with M.S (patho) and yet peformed the operation.
Tuesday, October 6, 2009
Free treatment: Pvt hospitals under lens
After the High Court lashed out at Apollo Hospital for not treating poor patients for free which was a condition for the hospital being given land at a discounted rate Delhi government health department has suddenly woken up to the rampant violation of the clause by almost all private hospitals who were given such land. It has now decided to post officials in all these hospitals who will not just monitor the status and utilization of these beds but also as instructed by the High Court inform patients in government hospitals about the option. At present, few needy patients ever go to these hospitals for fear of running up massive medical bills. Apollo was on Tuesday pulled up for not treating 33% patients free of cost. With Apollo's bed strength it should ideally have 200 beds where everything including medicines are provided by the hospital. The hospital for getting 15 acres land free of cost and an additional Rs 16 crore from the government is also supposed to have 40% OPD patients free which the HC found is also being violated. Health minister Kiran Walia said: "These hospitals have such an aura that poor patients are scared to go there. That is where these officials will come in. We will ask patients from government hospitals to meet designated officials in each hospital who will help them with their paperwork and see that they get their due.'' While Apollo's case is striking partly because of the huge numbers involved, one glance at the health department's records and it is clear that Apollo is not the only offender. It is clear that few of the 38-odd hospitals who were given land at concessional rates bother to inform the health department about the status of these free beds and as health department sources point out, the government's initiatives to get the information have not traditionally been very aggressive. This, despite the fact that the boards of all these hospitals have the chief secretary, finance secretary and health secretary as members. As many as 16 hospitals including well-known names like Dharamshila Hospital and Research Centre, Jaipur Golden Hospital and Sunderlal Jain Charitable Hospital have not submitted details of the occupancy status of free beds. Health department sources say there is usually a "happy understanding'' between hospitals and the government on free beds which being hospital's usually honour "requests'' from senior officials politicians etc and at times in their records show these patients as having been admitted under the free bed scheme. "This serves both sides and has been continuing all this while. In fact the case in which the ruling has come has been going on for many years now,'' explained an official. Health department's latest records for the status of free beds shows in Dharamshila all 20 are vacant, in Flt Rajan Dhall Hospital (Fortis) and Rockland, each of their 11 free beds are vacant, in Escorts Heart Institute and Research Centre 21 of 26 beds are vacant and in Jaipur Golden, all 26 free beds are vacant. Venu Eye Institute, however, is a welcome deviation with 63 free patients admitted against its quota of 42 beds. "One thing that Apollo really stood out in was that they made completely different setups for free beds where there was not enough medical care. This no other hospital did,'' said Walia who says it was her initiative after taking charge of the health department that brought Apollo to book. The PIL on which Tuesday's verdict came was filed by NGO Social Jurist in the mid-nineties.
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