At a news conference held in Vijayawada recently, Dr. M. Jayachandra Naidu, the president of the Indian Medical Association-Andhra Pradesh (IMA-AP), discussed the pressing problem of violence against doctors. The gravity of the problem was underscored by Dr. Naidu, who also pointed out how it jeopardizes the safety of medical personnel as well as the healthcare system. He called on the government to enact strict regulations to guarantee the safety of medical professionals.
Dr. Naidu called for comprehensive policies and strong protective legislation, pointing out the concerning rise in violence against medical professionals. He emphasized how important it is for physicians to have a role in the development of a country, especially in times of crisis like the COVID-19 pandemic, when many of them put their lives in danger to help the public. He claimed that doctors are finding it more and more difficult to successfully practice their profession in the current atmosphere of fear and mistrust seen in hospitals. Dr. Naidu called the violence against physicians a national disgrace and said it was on epidemic proportions.
The IMA-AP has made the adoption of a central law that expressly prohibits violence against doctors one of its top priorities. While some states have laws addressing the matter, Dr. Naidu pointed out that these laws fall short of providing a full solution. Although the Union administration had earlier asked for public feedback on a bill addressing this matter, the measure has not yet been tabled in Parliament. Dr. Naidu believes that a central law would be a more effective deterrence against acts of violence against medical personnel.
The IMA-AP General Secretary, Dr. P. Phanidhar, emphasized the necessity of legislative action to shield physicians from criminal prosecution. He pointed out that defensive medicine and physician harassment are results of the possibility of criminal culpability in cases of medical negligence. Dr. Phanidhar contended that physicians should only be held liable under civil law, not criminal law, in the absence of mens rea, or the intent to cause injury. He advocated for changes to the current legal framework that would shield physicians from unjustified prosecution and make a distinction between negligence and true medical mishaps.
Among the demands made by the IMA-AP are the enforcement of Section 26 in cases of suspected medical negligence and the amendment of Section 106.1 of the Bharatiya Nyaya Sanhita (BNS) legislation. By helping to distinguish between sincere medical errors and deliberate carelessness, these changes would give physicians the much-needed legal protection they require.
To sum up, the IMA-AP is in favor of more robust legislative safeguards for physicians in order to guarantee their security and their capacity to deliver continuous, high-quality medical care. In addition to being a professional requirement, this lobbying is morally required to protect the healthcare system and the countless individuals who work there.
SOURCE:
NEW INDIA EXPRESS
