• UGI USER
  • Dec 27, 2023
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PROTECTING DOCTORS AMIDST LEGAL CHANGES

Why in the News?

  • Union Home Minister promised doctor exemption from punishment in negligence cases, but the 2023 amendment doesn’t align.
  • Amended Section 106(1) now specifies up to two years of imprisonment and a fine for registered medical practitioners (RMP).

Parliamentary Insights:

  • Draft Bill initially proposed a seven-year term, revised based on Indian Medical Association’s (IMA) input.
  • IMA argued against criminal intent between patients and doctors, leading to a reduction in imprisonment from five to two years.

Legal Precedent and Doctor Protection:

  • Jacob Mathew vs State of Punjab & Anr. (2005) set guidelines, emphasizing ‘gross’ negligence for criminal liability.
  • Despite legal safeguards, rising violence necessitates protecting doctors from assault fears during duty.

While emphasizing doctors’ accountability, it’s crucial to avoid demonizing them for patient deaths. Creating a secure environment for doctors ensures unbiased decision-making, promoting optimal patient care without compromise.