Violence against doctors is not only unjustified but illegal
Violence against doctors and other medical practitioners in India has been reported as an increasing problem. The recent death of Dr Archana Sharma due to suicide is much more common in healthcare than in other industries.
By Team Double Helical
As per report, Dr Archana Sharma was committed suicide by hanged herself in Dausa, Rajastan just a day after an FIR was filed against her under Section 302 of the IPC. She stated in her suicide note that the patient died during a routine operation. According to eye witness, the family members of the pregnant lady protested outside the hospital which was being managed by Dr Archana and his husband, demanded urgent action against her.
The medical associations like World Medical Association, Indian Medical Association and The Federation of Resident Doctors’ Association (FORDA) have already written letters to Rajasthan Chief Minister Ashok Gehlot, and medical authorities for a thorough inquiry, the removal of the FIR, and compensation for the doctor’s family.
According to Dr Suneela Garg, Advisor, ICMR (Indian Council for Medical Research), post-partum hemorrhage (PPH) is a well-known problem in pregnant women after delivery and that a doctor (Dr Archana Sharma) cannot be accused of medical negligence in any such incident, without proper investigation by an expert committee.
Even Parsadi Lal Meena, Rajasthan’s health minister, already said police should not have charged the doctor under Section 302 because the Supreme Court has already decided that doctors cannot be charged under that section.
Dr Vinay Aggarwal, Past National President, IMA, said, “Violent events can happen with anyone. The doctors are usually unprepared to face the episodes. There are many ways to reduce the potential for violence and total episodes. One of the most serious problems in worldwide healthcare needs to be addressed in channelized way.”
“Violence may stem from patient dissatisfaction with care; costs associated with insurance premiums, unrealistic expectations, and overworked and underpaid hospital staff, as well as the rising cost of health care due to the government’s inability to subsidize hospital operations. Lack of a third-party formal dispute resolution system in many hospitals has been suggested as a factor, and the acceptance of bribes or good-faith money in the form of red packets has been implicated. Media coverage, and a lack of health literacy amongst the population, who may often seek unnecessary high-level care, has also been implicated,” Dr Vinay Aggarwal, said.
Dr A K Agarwal, former, Dean, Maulana Azad Medical College and currently, Medical Advisor,(Innovation and Clinical Research) Apollo Group of Hospitals, New Delhi, said, “There is main reason behind violence is ignorance about disease and prognosis, lack of knowledge regarding medical science. Today mob mentality becomes very aggressive which makes the hospital work harder. Also, there is lack of communication and overworked leading to numerous patients and understaffing of doctors. So the government should very transparent with lack of institutional/organisational policies, and prepare action plans to deal with violence against doctors.”
Dr Vijay Agarwal, President, Consortium of Accredited Hospitals (CAHO, said, “The big problem that has emerged is that every adverse outcome is being considered as medical negligence by the community. Recently a bright gynecologist Dr Archana Sharma was assaulted and a case under section 302 was filed against her following the death of a patient due to post-partum hemorrhage (PPH).She was shaken to a level that she committed suicide. The whole medical fraternity is angry. This is leading to disenchantment of bright young people in taking up medical profession.”
Dr Vijay Agarwal, said, “This kind of assault on the doctors and nurses should be condemned in strongest possible words. One can understand the anger and emotional turmoil of the family. The government, community and medical profession must come together to find civilized ways to handle grievances. Healthcare delivery is a basic need of mankind and has been important since time immemorial. The evolution of modalities to deliver healthcare has been truly mind-boggling. Every invention and change was aimed at making life safer through quality healthcare.”
Dr Girdhar Gyani, Director General, Association of Healthcare Providers India, said, “In my view there are various types of healthcare violence like verbal abuse, mobbing, threats, psychological harassment, physical violence, vandalism and cyber trolling. The effects of healthcare violence lead to impossible to work under stress, families of doctors feel threatened and safe practices only.
”In such case there are establishment amounts to following criminal offences which are punishable under the provisions of the Indian Penal Code, 1860, public nuisance under Section 268 & 269 IPC, any type of hurt under Section 319, 323 & 324 IPC while grievous hurt under Section 320, 325 & 326 IPC and endangering life or personal safety of others under Section 336, 337 & 338 IPC”, he added.
According to a study by the Indian Medical Association, over 75% of doctors have faced violence at work. A lady doctor was killed by the husband of a pregnant woman who was admitted in a serious condition. She was referred to another hospital but died before she could be shifted. The husband entered the consultation chamber of the lady doctor with three accomplices and attacked her with a sword. In 2014, in Mansa district of Punjab a doctor’s clinic was burnt following death of a boy who was referred to a tertiary hospital but died. In recent past innumerable incidents of violence against doctors are reported nearly on a daily basis across India, some resulting in grievous injuries. Even top institutions like All India Institute of Medical Sciences, New Delhi, the premier medical institute of the country is not spared. Nineteen states of India have some kind of Medicare Service Persons and Medicare Service Institutions (Prevention of violence or damage or loss of property) Acts passed and already notified.
Causes of violence against doctors
According to Dr Vinay Aggarwal, Past National President, IMA, there are many causes for the increase in violence against medical personnel, but not restricted to a general increase in aggression in society as evidenced by incidents of road rage and other acts of violence witnessed in schools and colleges across India. In India, doctors have traditionally been regarded highly by society. The present impression of private business-mindedness of some in the profession has led to a poor image of doctors. One of the factors that contribute to this poor image of doctors is the sensationalization of every news item, often ignoring information that would gloss over mundane details, exonerating a doctor in an incident of alleged medical negligence. As a hypothetical example, a television reporter shouting at the medical superintendent of a Delhi hospital reeling under a load of dengue patients as to why antimalarials were not given to a patient who died of dengue. This is done with an air of ‘knowledge’ that viewers would be convinced that not giving antimalarials to a patient of dengue in shock was medical negligence of the highest order.
Among other causes of violence against doctors in India are the pathetic conditions in which patients are treated in government hospitals. There is overcrowding, long waiting time to meet doctors, absence of a congenial environment, multiple visits to get investigations done as well as consult doctors, sharing a bed by two and sometimes three patients and poor hygiene and sanitation.
According to Dr.A.P.Setia, Medical Social Activist and Ex President IMA Haryana, the FIR against Dr.Archana Sharma and Dr.Suneet Upadhya under IPC Section 302, is not only unjustified but illegal as well. It is a violation of provisions of IPC as well as Contempt of Hon Supreme Court directives in Jacob Mathew 2005 and subsequent judgments.”
The harrassment of Dr.Archana Sharma by certain social activists needs to be condemned. And all those responsible for *abetting suicide* of Dr.Archana Sharma, need to be arrested immediately and cases need to be filed against them under appropriate sections of IPC like 306. It is not a case of suicide but *cold blooded murder* of a specialist dedicated professional.
Dr.A.P.Setia, said, ” The government of India, ought to notify Standard Operating Procedure for police, in cases of alleged medical Negligence as per the directives of the Hon Supreme Court of India, Jacob Mathew Case Judgment 2005. Medical professionals should be *EXCLUDED* from the *Consumer Protection Act 2019*, as per the discussion and comments in Parliament, by the then union minister Ram Vilas Paswan.
This shall be a vital step in *preventing illegal extortion of money* from doctors in alleged cases of medical Negligence by dissatisfied patients and their attendants, as well as the pressure tactics of self styled social activists on doctors.
“District Medical Board for Negligence* cases need to be established and notified, as per Haryana Government notification dated 31st May 2017. These shall be a boon for medical professionals throughout the Nation. National Medical Commission too has suggested Establishment of similar boards, albeit with a different composition,” he added.
LETTER TO PRIME MINISTER OF INDIA
