Doctors not criminals

The services of doctors are indispensable to society. Laws amended to give severe punishment for assaulting health workers were enacted minding the rising attacks on doctors over trivial matters. Attack on doctors should be avoided at all costs.

These doctors are being charged with criminal cases for even minor medical errors. With such a current environment in Kerala, many are apprehensive to wear the doctors suit. It won’t be any surprise if they venture to other states or countries expecting more dignity in work.

Death of a patient while undergoing treatment is quite natural. Charging a doctor with criminal offence over alleged medical negligence is repugnant and untoward. Amidst the frightening work atmosphere for doctors in Kerala, the recent high court order offers some solace. The court ordered not to initiate criminal charges against doctors for patients’ death due to unexpected circumstances during treatment.

However, Justice G. Girish clarified in the order that cases should be filed for verified complete negligence or denial of treatment. Pointing out that authorities should not be swayed by complaints raised by relatives of patients out of frustration, the High Court quashed the criminal case filed by the police against a specialist doctor at a private hospital in Ernakulam and the subsequent proceedings in the magistrate's court in the death of a young kidney patient.

The police had registered a case against the doctor based on a complaint filed by the deceased patient's father to the Chief Minister. The single bench quashed the case after getting convinced on how the doctor provided the patient with expert treatment.

According to the court, the doctors will be apprehensive to go ahead with treatment in fear of retribution in the form of legal cases if something drastic were to happen to the patient. This will restrict the doctors from exhibiting their true prowess while the pressure to perform will be sky high. They will not be in their comfort zone anymore under such a state.

At the same time, it is pertinent to act against doctors who are heedless while at work. The incident of scissors stuck inside the stomach of a woman who came to perform C section surgery is a clear case of medical negligence.

Cases should not be taken at a whim, especially not against doctors. It will only take the society to a downward slope .