The regulation of intensive care units (ICUs) and critical care units (CCUs) throughout the nation is the subject of a medical negligence lawsuit that is presently being reviewed by the Supreme Court of India. Asit Baran Mondal filed a petition in 2015 seeking compensation for his wife’s alleged 2013 death at a private hospital in Kolkata owing to medical malpractice. The Supreme Court recognized in 2016 the absence of adequate control in the operation of intensive care units and critical care units, as well as worries about pervasive medical malpractice, particularly in private institutions.
When the Union government released guidelines in September 2023 to set standards for ICU and CCU patient care, the matter received even more attention. These recommendations address important topics such the minimal requirements for specialists, the standards for patient care before, during, and after surgery, and the requirements for admittance and discharge. But just eight states and Union Territories—Andhra Pradesh, Meghalaya, Chandigarh, Punjab, Rajasthan, Jammu and Kashmir, Chhattisgarh, and Haryana—had put these rules into practice as of September 2023.
The remaining states and UTs were instructed by a bench headed by Justice Sudhanshu Dhulia on September 23, 2023, to reply by November 4 regarding their intentions to either suggest changes or stick with the guidelines. This order is a component of the court’s continuing review of the medical malpractice case.
Standards for ICU and CCU treatment, including the credentials of specialists (intensivists), are included in the recommendations, which were created by a committee appointed by the Union government. Postgraduate degrees in internal medicine, anesthesia, pulmonary medicine, or surgery are necessary for these specialists, along with extra training in critical care and at least a year of experience in an approved intensive care unit, preferably overseas. Additionally, the guidelines state that in some circumstances, such as when the patient or their family declines, severely ill patients should not be admitted to intensive care units.
Concerns regarding experience requirements and the standards’ applicability have led to protests or suggested changes to the rules from a number of states, including West Bengal, Gujarat, and Himachal Pradesh. Some states would rather operate according to their own set of rules. The case’s amicus curiae, or court-appointed advisor, pointed out that the various state answers highlight the need for more talks to create a uniform set of guidelines that apply to all hospitals nationwide.
In order to guarantee patient safety and stop medical malpractice in critical care settings throughout India, this case emphasizes the necessity of consistent laws and improved oversight.
SOURCE :
HINDUSTAN TIMES
