NO PROVISION TO TAKE ACTION AGAINST DOCTORS

“The Medical Council Act, 1956, had no provisions to take action against doctors found guilty of medical negligence. In the regulations brought out in 2002, the statutory body said action could be taken against such doctors but did not stipulate any section or provision under which they could be penalised,

As a result, the State Medical Councils does not deal with any complaint of medical negligence and families are asked to seek legal remedy. the repeatedly requests to he MCI to define clear-cut provisions for taking up these cases.

Presently, the State bodies  takes action only against doctors found guilty of violating the code of ethics.

The council and other medical bodies like the Indian Medical Association also believe that constituting a medical tribunal will help in conducting thorough inquiries.

“When such a case goes to the consumer court, the absence of a non-medical person to understand medical concepts complicate the situation. the consumer law of India provides the complaints to be completed within 6 months but due to lack of medical knowledge to the Tribunal and advocates is the reason of delayed justice.

Violent attacks on hospitals have become common despite the  best efforts of local  bodies. i would say it have become a fashion to attack doctors and hospitals. Hardly any cases are booked under this Act as the police are still unaware of it, he added.

The government medical fraternity too has been demanding police security for hospitals. “The government said that armed police personnel will be deployed for hospitals but this is yet to be implemented,” 

The law of the land is  best amongst the planet it provides provisions for both in case of doctors fault the patient have every right to sue the doctor and in case of  mob attack on doctor and hospital the law provides for safeguarding the medical fraternity and punishing  the guilty.