It is time we think and talk about it. I would like the readers to give their input on this topic and let’s consolidate our thoughts and have a clear idea about these.
And of course the next question remains as to once these rights are defined, will the doctors be able to exercise them? I am leaving this column blank at present.
. As observed by the Supreme Court in Jacob Mathew’s case : “A medical practitioner faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be for the complainant to clearly make out a case of negligence before a medical practitioner is charged with or proceeded against criminally. A surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end-dose of medicine to his patient. If the hands be trembling with the dangling fear of facing a criminal prosecution in the event of failure for whatever reason – whether attributable to himself or not, neither can a surgeon successfully wield his life-saving scalpel to perform an essential surgery, nor can a physician successfully administer the life-saving dose of medicine. Discretion being the better part of velour, a medical professional would feel better advised to leave a terminal patient to his own fate in the case of emergency where the chance of success may be 10% (or so), rather than taking the risk of making a last ditch effort towards saving the subject and facing a criminal prosecution if his effort fails. Such timidity forced upon a doctor would be a disservice to society.”
Absolutely correct…That is happening already
This is one topic untouched and its more relevant in current times. The time we doctors are facing is like witchhunt