Saturday, March 27, 2010

The Doctor patient relationship in our country has undergone a sea change in the last decade and a half. The lucky doctors of the past were treated like God and people revered and respected them. Aryans embodied the rule that, Vaidyo narayano harihi (which means doctors are equivalent to Lord Vishnu). We witness today a fast pace of commercialization and globalization on all spheres of life and the medical CPA, Consumer awareness and Commercialization has changed the scenario. All these 3C has adverse effects on DOCTOR AND PATIENT RELATIONSHIP.
It's a common observation that medical practitioners, hospitals are being attacked by family members of patient for alleged medical negligenceprofession is no exception to these phenomena.
Section 304-A of IPC is a sword hanging above the doctor, working both in government hospitals and in the private sectors. Doctors are considered as soft targets by the law enforcing
agencies and being harassed by unsatisfied patients. Moreover complainants often use criminal cases to pressurize medical professionals and to extract unjust compensation

Allegations of rashness or negligence are often raised against doctors by persons without adequate medical knowledge, to extract unjust compensation.
This results in serious embarrassment and harassment to doctors who are forced to seek bail to escape arrest. If bail is not granted, they will have to suffer incarceration.
They may be exonerated of the charges at the end; but in the meantime they would have suffered a loss of reputation .
Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the acilities, Standards of professional competence, and
The appropriateness of their therapeutic and diagnostic methods.

Currently, approximately 10,000-15,000 medico-legal cases are pending in various courts of our country, a rise of almost 25 per cent in the last five years. Worldwide and in India, gynaecologists and obstetricians top the chart when it comes to the number of cases filed
against medicos. Anaesthesiologists and ophthalmologists follow.

The severity of the punishment depends on whether the case is civil or criminal.
Compensation range from a meagre Rs 10,000 to several lakhs. The average compensation ranges from Rs 4 lakh to Rs 5 lakh. If it's a civil case, which most are, then if proven
guilty the State Commission might debar the doctor from practice. Around 10 per cent of cases are based on very 'gross' negligence More than 20 to 30 per cent of cases fall into
mild or moderate category. Ratio of relevant cases to the number of frivolous cases is 50:50.
RECOMMENDATIONs FOR DEALING WITH COMPLAINT OF NEGLIGENCE :
A- AWARENES OF NEGLIGENCY
B-BUILD STRONG STRUCTURE, PROCESS,
C- COMMUNICATION
D-DOCUMENTATION
E-EMPHATHETIC ATTITUDE

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