Indian Medical Association asks SC to review landmark
medical negligence verdict
The Indian
Medical Association (IMA) on Tuesday urged the Supreme Court to
review its verdict on the disproportionate compensation imposed on doctors and
hospitals for medical negligence. Citing the
apex court’s 2013 verdict wherein a Kolkata-based hospital was ordered to pay a
compensation of Rs.11.41 crore for medical negligence, the IMA argued that such
rulings would deter doctors from taking bold decisions in their patients’
interests.
‘The IMA
is not against punishment to the guilty but is of the view that the quantum of
punishment is such that it might become restraining for others to join this
profession,’ IMA national president Jitendra Bhai Patel told the media. ‘We
will appreciate if the apex court accepts the review petition and reconsiders
the decision’, he said. He said the Supreme Court should review the verdict as
there was a thin line of demarcation between medical accident and negligence as
medical treatment does not have any fixed procedure.
‘Treatment
is entirely based on the patient’s condition, response to treatment which may
vary from person to person besides knowledge and experience of the treating
doctors,’ he said. IMA secretary general Narendra Saini said the apex court
judgment was a blow to the entire medical fraternity and has restrained young
doctors from joining the profession in spite of completing their medical
courses. ‘The judgment has come as a blow to medical professionals who are very
new to the profession,’ he said.
‘India
currently needs more than six lakh doctors but such kind of decisions will
frighten students from joining the profession. It is acting as an obstacle in
the progress of health care in the country as already we are seeing a drop in
the number of students joining medical courses,’ Saini told . According to the
IMA, compensation should be based on parameters like earning of the hospital,
earnings of doctors on whom the compensation is levied, severity of the patient’s
disease and the chance of the patient’s survival without treatment. ‘There are
also chances that if the apex court does not review the petition, there may be
a lot of forged cases where patients claim compensation more than the expenses
incurred,’ Saini said.
13.02.2014
India’s polio victory proves that
nothing is impossible: WHO
Congratulating
the country for
its monumental achievement, Dr
Margaret Chan, Director-General, World Health Organization, said, ‘India has
shown the world that there is no such thing as impossible. This is likely the
greatest lesson, and the greatest inspiration for the rest of the
world.’ Addressing the ‘India’s victory over polio’ event at New Delhi on
11 February 2014, Dr Chan, said, ‘India’s leadership in polio eradication is
widely appreciated and warmly welcomed. The country has shared its experiences,
best practices, lessons learned, and expert staff with the remaining endemic
countries.’
The
event was attended by the President of India, the Prime Minister, Union
Minister of Health and Family Welfare, the Chairperson of the National Advisory
Council, the Leader of the Opposition in Lok Sabha, the President of Rotary
International, the Global Polio Chief of United Nations Children’s Fund, and
other key polio partner agencies and frontline polio eradicators. Speaking
about Dr Chan’s visit on this special occasion, Dr Nata Menabde, WHO
Representative to India, ‘Dr Chan has tirelessly spearheaded the global fight
against polio, and we are delighted that she is here to share these happy
moments with the government and people of India.’
’The
entire South-East Asia Region of the World Health Organization, led by Dr
Poonam Khetrapal Singh, the new WHO Regional Director, is today at the brink of
an historic occasion—polio-free certification at the end of March 2014,’ she
added.
Dr Chan
highlighted that it was the power of India’s determination to achieve the
impossible, to go from the world’s heaviest burden of polio cases to zero, that
provided to be decisive factor. ’Viewed against the challenges, India’s
achievement is an epic success story, a proof that any country that really
wants to can defeat polio,’ she said. Complimenting the government
for it is stellar role, Dr Chan, said, ‘Government ownership of the eradication
initiative, at union, state, and district levels, was decisive, as were the
billions of dollars poured into the effort by the government.’ DG, WHO
attributed ‘a can-do attitude’ as another reason for India’ polio success
story, as witnessed by the unwavering dedication of millions of frontline
workers.
13.02.2014
It always
seems impossible until it’s done
Nelson
Mandela
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