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SC relief for doctors

Charge of negligence must be based on solid proof
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MEDICAL professionals across the country have been up in arms over their safety in the wake of the horrifying Kolkata rape-murder of a trainee doctor. They are vulnerable to attacks by not only sexual predators and other criminals but also irate patients and their attendants. Doctors are unreasonably expected to perform miracles and save lives even in hopeless cases. They direly need protection, both physical as well as legal. In a commendable judgment, the Supreme Court has ruled that medical staffers cannot be held liable for negligence simply because a surgery or treatment does not produce the desired results. According to the court, irrefutable evidence pointing to a deviation from accepted medical practices should be the basis of determining doctors’ culpability.

The Hippocratic oath makes doctors duty-bound to take care of their patients and do their work with due diligence. There are some who indulge in immoral and unethical practices, but that is no reason to tar the whole medical fraternity with the same brush. Patients and their families are quick to accuse doctors of negligence in case of a failed surgery or an unsatisfactory medical outcome. The fear of legal consequences or violence adds to the pressure on medical professionals, who are already working under stressful conditions. This often adversely impacts their capabilities and can lead to fatal mistakes.

Healthcare providers can perform to the best of their ability only in a conducive environment where there is no coercion or disruption. However, even their best may not be good enough at times. At the other end, there should be zero tolerance for medical malpractices such as prescribing unnecessary tests and conducting needless surgeries, which are aimed at making the patient’s kin or the health insurance company pay hefty bills. Eventually, what is at stake is the patient’s faith in the doctor’s integrity and competence.

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