Medical, Legal, Medicolegal Information for Doctors and Lawyers

From http://timesofindia.indiatimes.com/city/kochi/Doctors-get-a-helpful-diagnosis/articleshow/10966252.cms

It is good news for the medical fraternity in the state. The Kerala government has drafted a Bill, Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Bill, 2011, to protect doctors and healthcare institutions.

The bill has provisions to prohibit violence against doctors and hospitals, a problem which doctors' associations have been raising for the past decades.

Though the ordinance came into effect more than a year ago, its tabling in the Assembly was delayed, much to the concern of doctors and hospital management. What makes the Bill different is that it gives protection to all medical practitioners, registered nurses, medical students, nursing students and paramedical workers associated with hospitals and other health institutions. And its rules make such attacks non-bailable offences.

The Act, which has already been implemented in 16 states, including Andhra Pradesh and Tamil Nadu, has rules to prosecute anyone who causes damage and loss to hospitals and attacks doctors and other staff.

"The common law is not effective when it comes to attacks against doctors because it books culprits for trespassing and the case does not stand as most of them would be bystanders or relatives. The new Bill will address all these problems along with recommendations to address patients' grievances," says Dr A V Jayakrishnan, secretary of the Professional Protection Scheme (PPS) of the Indian Medical Association.

There have been reports of frequent attacks against hospitals over the years.

This year, till September, only 10 incidents were reported. According to the statistics available with the IMA, a total of 12 such incidents were reported from across the state last year while the number was 20 in 2009. There were 22 such attacks in 2007, which came down to 19 in 2008.

"The new Bill maintains that people who attack hospitals should pay double the cost of damage they cause. This Act was implemented for the first time in Andhra Pradesh and it has been found very effective even in Naxal-hit areas," says Dr K E Paulose, former national vice-president of IMA.

All the offences under this Act are cognizable and non-bailable, which the medical practitioners feel would go a long way in curbing the repeated attacks against them, giving them a friendly environment and protection at workplace.

From http://www.medindia.net/news/DME-Warns-to-Take-Action-Against-Striking-Doctors-80070-1.htm

http://www.cityjournal.in/Newspaper/20110128/Kerala/Kerala_1.html

THIRUVANANTHAPURAM: As the indefinite strike by post graduate medical students in government medical college hospitals (MCHs) entered the third day yesterday Director of Medical Education (DME) day issued an ultimatum to them to report for duty within 24 hours. In her circular, DME Dr Geetha directed the principals of five MCHs to take action against the PG students if they failed to comply with the order.
The PG students, known as "PG Doctors" in local parlance and whose services are utilised in running OP and casualty wings of the MCHs, had gone on the strike to press their demands including the roll back of the increase in the annual fee from Rs.36,000 to Rs.46,000.
Meanwhile, Health Minister PK Sreemathy said stern action would be taken against the House Surgeons, many of whom stayed away from duty pledging solidarity with the PG Doctors yesterday.
"House surgency meant internship and the internees are not supposed to strike. Action would be taken against them if they continue to stay away" Sreemathi told reporters.
Meanwhile the functioning of five medical colleges in the state was affected yesterday on the strike.
Along with the PG students, house surgeons and senior resident doctors also joined the strike, which had worsened the situation.
Reports from various districts said the out-patients and emergency departments were the most affected as an impact of the strike. The functioning of these departments at the Thiruvananthpuram Medical College was affected. A report from Kottayam said that the strike had affected functioning of the Kottayam Medical College also.
A report from Kozhikode said functioning of Kozhikode Medical College, was badly affected. Sources said rush of patients was curtailed as the local health and community centres stopped referring cases to the premier medical institution. Sources, however, said doctors from other departments and teaching staff were manning departments such as casualty and OP.
Even though Kerala Health Minister PK Sreemathi had held talks with representatives of Kerala Medical Postgraduates Association (KMPGA), which had called for the strike, a solution could not be arrived at.
The KMPGA said the medicos would continue their strike as the minister could not give them any positive decision on any of the issues being raised by them. Other demands of PG doctors include better accommodation facilities at hospitals and enhancement of stipend.