forms of medical deviance & suggest reforms to

Sneha TripathiRoll No. 20

Criminal Law Group.

• Ayurvedic Practitioner practicing Allopathic.• Misleading Advertisement.• Prolonged Treatment by false representation of the

disease.• Negligence shown by doctors.• Illegal abortion & female foeticide.• Sex Determination.• Commission for referring patients.• Issuing false medical certificate.• Illegal organ transplant.• Nexus of pharma cos. with the doctors.

Poonam Burma vs. Ashwin Patel and others. Pramod Burma was treated for fever by Dr. Ashwin Patel,

homoeopathic doctor. Allopathic medicines for 9 days for curing him, but

eventually he died. Widow of the deceased Poonam Burma filed a case against

the doctor. It was declared that any doctor who practice and prescribe

medicine about which he did not study & not registered with the Council was mere pretender to the knowledge.

3 lakh compensation was awarded & doctor was sent to 3 years imprisonment .

• Advertising in such a fashion about once occupation in such a manner which misleads the patients, then such practice is a deviant behavior by the doctor.

• Advertisement can be made in the following circumstances:

-Public declaration of charges-Resumption to any other type of practice.-Change of the address.-Temporary absence from duty-Opening of a new clinic in any other area.

• K.L.Bhola vs. Khera Hospital & others• Complainant had developed pain in the chest and was taken

to khera hospital.• On examination he was told that he had suffered from a heart

attack.• In spite of improved condition he was kept in hospital for 10-

15 days & expenses paid were 76000.• Later on the complainant got himself examined by a senior

cardiologist and he told that he had no cardiac problems at all.• Unfair Trade Practice, false & misleading treatment of

disease.• Compensation awarded Rs. 500000.

V. Krishna Rao vs. Nikhil Super specialty Hospital◦Krishna Rao, an officer in Malaria department filed

a complaint against the hospital.◦Negligent conduct in treating his wife.◦She was suffering from Malaria fever and treatment

was wrongly given of typhoid fever. She died.◦He filed complaints in different forums and later on

an appeal in the SC.◦Compensation of Rs. 200000 was awarded.

Doctors engage in illegal abortion & female foeticide For Monetary benefits or benefits in kind. Practice is still going on. Skewed sex ratio in India. Every 1000 male there are

933 females.

Doctors sometimes engage in such practice of determining the sex whether it is a boy or girl in the mother’s womb.

Narrow mind of the people of India.

Recent article in times of India Mentioned 44% of the heart surgeries are actually not

needed. The article was about keeping of Stents in the heart

for clearing of the blockage. It reveals that 44% of the stent surgeries are nothing

but unnecessary operations by the doctors.

Doctors get into agreement of referring patients to each other.

For each patient commission is charged by the particular doctor.

Doctors at times issue false medical certificates for getting money or at times in matter of social relations.

For example producing of false medical certificate by a student in the college or school.

Famous Gurgaon Kidney Racket Case, 2008.• Scandal came into light in Jan 2008.• Several people arrested for carrying out the kidney

transplant racket.• Kidneys of poor people from nearby western U.P.

were transplanted into clients of foreign countries.• Amit kumar the kingpin was arrested and send to

imprisonment of 7 years along with fine of 60 lakhs.

In an article published in “Indian Express” on February 6, 2016, it was mentioned that doctors accepting freebies from pharmaceutical cos. will now be punished, based on the value of gifts received.

The Medical Council of India is set to notify new ethical guidelines.

Gift worth Rs. 5000 to 10000, name removed from National or State medical register for 3 months.

Rs.10000 to 50000, penalty increased to 6months. Rs. 50000 to 100000, name would be struck of for 1

year.

Up gradation of the Government hospital to the private hospital.

Statutory control provisions prescribing the standards of all the hospitals should be maintained.

Hospital should maintain a separate “Grievance Redressal Cell”. Qualified team should be appointed for solving the disputes.

Separate forum or tribunal should be made. Indian Medical Council & State Medical Council should

introduce strict punishments for the deviant doctors. The Indian Medical Council & State Medical Council

should not protect their fraternity. Introspection and Retrospection is required.