Medical consumer protection act was implemented in 1995. Patients defined as consumers and hence doctors converted to service providers in lieu of some money. Consequently the changed definitions altered the doctor-patient relationship in an irreversible way. Instead of the earlier congenial relationship, now-a day’s doctors and patients are fighting in courts, whereas most of aspects of the law still remain grey after 26 years of implementation. Here in this case even courts differ in the interpretation (among themselves) of the law after more than two decades of its implementation.
The doctors are supposed to treat, provide relief and save lives are the most affected, it is needless to say that the way of treating patients has been altered like never before. Medical lawsuits and complaints (right or wrong) are breaking medical professionals from within, not to mention the toll it takes on someone’s confidence and belief, which takes a lifetime to build.
The reality is that neither doctors, nor patients were ready for such a legal relationship, and the system was not robust enough for such a change. To work with weak infrastructure, non-uniform medical education along with legal threats pushed doctors into a shell and forced defensive practice. It caused erosion of doctor-patient relationship and escalated cost of care.
Medical business, insurance and legal industry made full use of the opportunity to have the benefits of changed doctor-patient relationship. Doctors were used as scapegoats for poor infrastructure by administrators and further exploited by law industry.
Justice eluded doctors at all stages.
It is discouraging for medical professionals to note that courts are still clarifying the law even after 26 years of its implementation. What is more disheartening that many more aspects about the medical-consumer protection act are either remain unclear and create difficulty for doctors. To differentiate medical mistakes, poor prognosis from negligence is a very fine line and difficult to judge. Therefore medical profession has become a subject to blackmail by patients, lawyers and sitting ducks for punishments. The consequent insecurity among doctors, practice of defensive medicine, enhanced costs, excessive documentation and the distraction from the primary point of intention (treatment) are few of the side effects, which will definitely be passed on to the patients inadvertently. After all doctors have to save themselves as well.
Consequently being consumer may be overall a loss making deal for the patients.
The point to ponder is that courts themselves differ on interpretation of law even after 26 years of its implementation.
The Supreme Court has reiterated that service rendered by medical officers on behalf of a Hospital, free of cost, would not fall within the ambit of medical consumer protection act.
Justice and Health- Both are crucial for happiness of the living beings as well as society as a whole. Hospitals are full of patients and so are courts with litigants. None of the people go to hospital and courts happily and everyone invariably wants early relief.
Once a patient visits hospital, he will ponder over about the benefit of the visit. So is the person visiting the courts. Did they were imparted justice?
None of patient, who visits hospital, comes back without treatment. Doctor gets few minutes to decide. Most of the time, for the investigations and the treatment few visits are required. But there is no pendency. In Government hospitals, even appointments are not given. A doctor sitting in outdoor will see hundreds of patients. On emergencies night duties, doctor will not be able to count how many he/she has stabilized or numbers treated.
Even in such chaotic systems, doctor can be punished, dragged to courts or assaulted for unintentional mistakes, that are almost always secondary to load of patients or inept infrastructure.
The work at hospital continues day and night, 24 hours and 365 days, despite almost always lesser number of doctors and required manpower. Systems in hospitals are designed and maintained meticulously to have no pendency what-so-ever situation is. Larger number of patients go back home treated and very few unfortunate patients are unable to recover, but still whatever is required- is done invariably.
Justice is needed for satisfaction of soul and peaceful mind, is of same importance what is to the health of body. Justice delayed gives a sense of hurt and pain to soul. Pendency in courts simply reflects the grave injustice people are living with.
There are about 73,000 cases pending before the Supreme Court and about 44 million in all the courts of India, up 19% since last year.
According to a 2018 Niti Aayog strategy paper, at the then-prevailing rate of disposal of cases in our courts, it would take more than 324 years to clear the backlog. And the pendency at that time was 29 million cases. Cases that had been in the courts for more than 30 years numbered 65,695 in December 2018. By January this year, it had risen more than 60% to 1,05,560.
Grave injustice for medical professions:
A doctor making wrong diagnosis (gets few minutes to decide) can be prosecuted, but courts giving wrong verdicts (get years to decide) are immune?
2. Compare the remuneration of lawyers to doctors. Doctors gets few hundreds to save a life (often with abuses) and lawyers can get paid in millions (happily).
3. Doctors treat the body and larger is still not fully known about mechanisms. Still doctors can be blamed for unanticipated events. Whereas law is a completely known and written subject.
4. If health is citizen’s right so should be a timely justice.
Despite doing so much for patients, still people’s behaviour to doctors and hospitals is not respectful. Doctors are punished for slight delays and people and courts intolerant to unintentional mistakes. But people can’t behave in the same manner to courts and legal system and tolerate the blatant injustice for years.
It has taken 23 years to end harassment of a doctor to decide upon a problem, which should not have been there at all. Practically doctors can be dragged to courts, blackmailed, harassed and assaulted with impunity just because of any adverse outcome. So the legal and illegal demonization of medical profession has become a routine, while law industry makes merry at the cost of doctors. Natural complications, genuine poor prognosis, and death that occur after some treatment can be easily pinpointed to the doctors. Saviours are fighting the death as well as court cases to save themselves. In this case, Supreme Court was kind enough to give a favourable verdict, but not all doctors are lucky enough. Many suffer because of frivolous cases, poor medical governance and unwise decisions.
The bench said: ‘In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable…’ A doctor can assure life to his patient but can only attempt to treat everyone to the best of his or her abilities, said the Supreme Court.
No doctor can assure life to his patient but can only attempt to treat everyone to the best of his or her abilities, said the Supreme Court on Tuesday, as it underscored that a doctor cannot be held guilty of medical negligence just because a patient has not survived.
“There is a tendency to blame the doctor when a patient dies or suffers some mishap. This is an intolerant conduct of the family members to not accept the death in such cases. The increased cases of manhandling of medical professionals who worked day and night without their comfort has been very well seen in this pandemic,” lamented a bench of justices Hemant Gupta and V Ramasubramanian.
The bench added: “In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable…The doctors are expected to take reasonable care but none of the professionals can assure that the patient would overcome the surgical procedures.”
It underlined that there must be sufficient material or medical evidence should be available before the adjudicating authority to arrive at the conclusion that death is due to medical negligence. “Every death of a patient cannot on the face of it be considered to be medical negligence,” said the bench.
The court said this while allowing an appeal filed by Bombay Hospital and Medical Research Centre against the National Consumer Disputes Redressal Commission’s order to pay ₹14.18 lakh to the family of one Dinesh Jaiswal, who died in June 1998 following unsuccessful surgeries of his gangrene in his limbs.
The family attributed Jaiswal’s demise to negligence in conducting surgeries, absence of the treating senior doctor, lack of operation theatre, and a broken-down angiography machine. The hospital, however, refuted all allegations, stating the best possible treatment by present medical professionals and within the resources available was provided.
In its 2010 judgment, the national consumer commission invoked the principle of “res ipsa loquitur” (mere occurrence of certain event can lead to an inference of negligence of the other side) to hold the hospital guilty of medical negligence.
But the top court on Tuesday set aside this judgment, noting the order suffered from legal as well as factual infirmities.
“It is a case where the patient was in serious condition impending gangrene even before admission to the hospital but even after surgery and re-exploration, if the patient does not survive, the fault cannot be fastened on the doctors as a case of medical negligence. It is too much to expect from a doctor to remain on the bed side of the patient throughout his stay in the hospital which was being expected by the complainant here. A doctor is expected to provide reasonable care which is not proved to be lacking in any manner in the present case,” held the bench.
The court underlined that there was never a stage when the patient was left unattended and mere fact that the main treating doctor had gone abroad cannot lead to an inference of medical negligence because the patient was admitted in a hospital having 20 specialists in multi-faculties.
“The patient was in a critical condition and if he could not survive even after surgery, the blame cannot be passed on to the hospital and the doctor who provided all possible treatment within their means and capacity,” it said.
On the aspect of delay in re-exploration after the initial surgery threw up complications due to non-availability of an operation theatre, the bench noted that it was only a matter of chance that all the four operation theatres of the hospital were occupied when the patient was to undergo surgery.
“We do not find that the expectation of the patient to have an emergency operation theatre is reasonable as the hospital can provide only as many operation theatres as the patient load warrants. If the operation theatres were occupied at the time when the operation of the patient was contemplated, it cannot be said that there is negligence on the part of the hospital,” it said.
The court added that a team of specialist doctors was available and also attended to the patient but “unfortunately, nature had the last word” and the patient breathed his last. “The family may not have coped with the loss of their loved one, but the hospital and the doctor cannot be blamed as they provided the requisite care at all given times,” it maintained.
The deceased’s family was paid ₹5 lakh as interim compensation by the top court in March 2010 when it had agreed to examine the hospital’s appeal. The bench said that this amount shall be treated as ex gratia payment to Jaiswal’s family and will not be recovered by the hospital.
In present era, Doctors and Nurses have become sitting ducks for assaults, punishments and harassment for every reason, inept medical system, whether right or wrong. An unfortunate example of not only plight of health care workers but the strange kind of governance, is the arrest of doctor and nurses at Ahmed Nagar -Pune blaming them for fire in the hospital. Strangely, the administrators and staff responsible for the maintenance and infrastructure safety are not in the picture.
Making health care workers scapegoats for such tragedies just reflects not only the inept governance and poverty of justice but also the callous attitude of authorities towards real issues.
Ahmednagar hospital fire: Medical officer, 3 nurses arrested
A medical officer and three staff nurses were arrested Tuesday on charges of causing death by negligence and culpable homicide not amounting to murder after 11 people lost their lives last week in a fire incident at a hospital in Maharashtra’s Ahmednagar district. Medical officer Dr Vishakha Shinde, and staff nurses Sapna Pathare, Asma Shaikh and Channa Anant were arrested under sections 304 and 304A of the Indian Penal Code (IPC), said Manoj Patil, Superintendent of Police, Ahmednagar rural police.
Quoting Ahmednagar police, HT earlier reported that 70% of deaths were caused by smoke from the fire while the remaining died after directly getting caught in the blaze that broke out in the Intensive Care Unit (ICU) of the Civil Hospital. Most of them were senior citizens undergoing treatment for coronavirus disease (Covid-19). In connection with the incident, an FIR was registered against unidentified persons under Section 304(A) of the IPC.
The fire broke out last Saturday at 11am on the ground floor of the hospital, where 17 patients were admitted, of which 15 were on either ventilator or oxygen support. While 10 patients died in the blaze at the spot, one person later succumbed to injuries.
Dr. Anil Athare, president, IMA, Ahmednagar said it was shocking that clauses of Section 304 and 304A were applied against the medical officer and the three nurses, remarking that doctors and nurses were “always made scapegoats” in such cases.
“Instead of accusing the medical staff on ground, why is anyone not questioning the officials of the Public Works Department (PWD) and Electrical Department regarding wiring and maintenance works which caused the fire in the first place,” said Dr. Athare, demanding that the arrested medical personnel be released immediately.
KMG General Hospital in Balasinor, Gujarat has to pay Rs 11.23L compensation to patient’s relative after the doctor removed his left kidney after the patient was admitted for removal of kidney stones.
Nephrectomy due to stone disease may be a challenging procedure owing to the presence of significant inflammation and infection, and can have high complication rate. Merely because a Kidney has been removed for stones can’t be negligence on part of surgeon. Doctors need to save themselves while taking decisions in good faith. Natural complications can be easily labelled as medical negligence because of faulty definitions of consumerism applied to complex medical scenarios.
Doctors need to be careful on following points as any adverse event can lead to professional hanging.
Communication-Possibly appears to be the main mistake. Doctor could have communicated the need for kidney removal, instead of doing it in good faith. One should remember the strings of consumerism applied to medical science and not the good intentions.
Informed Consent: Many times, surgical plans change during surgery. Therefore consent has assumed an important role in present era. There was no consent for Nephrectomy, but done in good faith. In absence of consent, Whole blame and responsibility is shifted to the Surgeon. An informed consent will avert untoward aggression apart from legal entanglements.
Performing in suboptimal facility– as newspapers says, Raval was advised to go to a better facility, but he chose to undergo surgery in the same hospital. Doctors should now be careful to operate, if facilities are not available. They should refrain from taking blame for suboptimal infrastructure.
Wrong Projection of the problem by media; As the paper says- “The surgery was just for removal of stone from the kidney and the consent was taken for removal of stone only, but the kidney was removed instead”.
Merely because a Kidney removed for stones can’t be a negligence on part of the surgeon. It is a procedure which is not uncommon.
Medical Opinion of experts: The news report doesn’t tell about the expert medical opinion. How in the given circumstances, negligence is proved? Has any competent surgeon given a report of negligence or it is merely because the patient has died.
KMG General Hospital in Balasinor has to pay Rs 11.23 lakh compensation to a patient’s relative after the doctor removed his left kidney after the patient was admitted for removal of kidney stones, ordered the Gujarat State Consumer Dispute Redressal Commission. The patient passed away four months after the vital organ was taken out.According to the report, Devendrabhai Raval from Vanghroli village of Kheda district consulted Dr Shivubhai Patel of KMG General Hospital in Balasinor town for severe back pain and difficulty during passing urine. In May 2011, Raval was diagnosed with a 14 mm stone in his left kidney.
However, Raval was advised to go to a better facility, but he chose to undergo surgery in the same hospital.
He was operated upon on September 3, 2011. The family was surprised when the doctor after the surgery said that instead of the stone, the kidney had to be removed. The doctor cited it was done in the best interest of the patient.Later on, when the patient began having greater problems in passing urine, he was advised to shift to a kidney hospital in Nadiad. Later when his condition deteriorated further, he was taken to IKDRC in Ahmedabad. He succumbed to renal complications on January 8, 2012. Minaben, Raval’s widow, approached the Consumer Dispute Redressal Commission at Nadiad, which in 2012 ordered the doctor, the hospital and the United India Insurance Co Ltd to pay compensation of Rs 11.23 lakh to the widow for the medical negligence.
The district commission’s order brought the hospital and the insurance company to the state commission over the dispute as to who should be held liable to pay compensation. After hearing the dispute, the state commission observed that the hospital had the insurance policy for indoor and outdoor patients, but the insurer was not liable for medical negligence by the treating doctor. The surgery was just for removal of stone from the kidney and the consent was taken for removal of stone only, but the kidney was removed instead. Thus, it is a clear case of negligence on part of the doctor and hospital, reported Times of India.
The old adage “All that glitters is not Gold” is particularly relevant in current era of media domination where media projection shapes the perception and may defy the reality. Media has dominated our lives and can sway the opinion formation of masses. Written media, television, social media can collectively influence the mass opinion.
Society, in general, needs to be wise enough to realize the importance of getting rid of these blinders in real life . One such factor that causes an illusional mist in the thoughts of masses is projection in films. They create a mirage of illusional glitter wherein there is blurring of real life from the reel life of heroes. The larger-than-life unreal persona of the celebrities on screen looks too charming and sometimes becomes undeniable and dominates mind of masses. The super-human characters played out in films appear to be real. The problem arises when the imaginary characters of the reel life stories are emulated in real life. Individuals as projected character fill in peoples’ imagination and are perceived as real and becomes ingrained in mind. The naivety of masses to perceive the projected character as real one goes beyond a reasonable thought process and imagination.
These roles played in films are not really act of inspiration in real life as the actual purpose accomplished in the end of a movie is entertainment of society and business for themselves. A recent candid admission by the actor Mr Irrfan Khan that film stars should not be role models was impressive (Hindustan times) .
At the best, a particular projected character (and not individual acting star) may be a role model. An actor or super star, is simply doing his work of “acting” in the end. This work of acting may bring an entertainment of few hours at the most.
One cannot stray away from the wisdom to choose between what we consume merely for our entertainment and what we believe or face in real life. One needs to differentiate between rationale truth behind the celebrity gimmicks in the media and exaggerated sensationalism. Sensation created merely for a commercial successful venture should not be allowed to overpower the judgments of real life.
But the problem starts, when these false perceptions created merely by a projected glimmer takes the shimmer away from the real worthy. The real professionals and people who are worthy of glory become invisible behind the glittery mist, a haze, which is unreal and unhelpful in real life.
A soldier contributes to our society much more in real terms. Even a junior doctor saves many lives in a day in emergencies as compared to work of a superstar in films. A teacher, nurse or scientist have contribution which is more fruitful to our generation. Also the scientists, who contribute immensely and bring about the real change in our lives. Their contribution is huge to our society and much more than doing just acting on screen. The reel actor merely imitates the real life lived and actual work done by real heroes like soldier, doctor or teacher. Someone who only acts and behaves like one, is respected and paid thousand times or more than the real one. In reality, people need more than mere entertainment and reel role models and actors in their real lives.
Compare the trivial amount of remuneration, fame and respect the real worker gets as compared to the film stars, who merely imitate their actions. Reel projection for purpose of entertainment is more easier to enact and more profitable than actual performance in real life. It is easier to become a reel hero, as it requires little hard work or just connections to get an opportunity. Some one can be a reel hero just by dynastic factor easily. Hard work is definitely required but that may or may not be prerequisite.
Even good films may raise some social problem, which everyone knows already and offer no practical solution in reality. Therefore what good it brings to the public, beyond entertainment, is any body’s guess. The persona, actors usually project on screen, may actually be far from his or her real personality. In most of cases, what he does in movies and reel life, is actually away from possibility of real life . But strangely in present era, people lose sight of what is mere perception. It is clearly a story, tale, a drama, a myth and is not the real identity of the people, we see on-screen.
In present era, real contributions by people, who are saviours of human life and the real heroes, remain unappreciated. People are so besotted by fame and money that they fail to appreciate the sacrifices made by real heroes. Filmy super hero just imitates a doctor, soldier, dacoit or a street hooligan and just pretends to be one on the screen.
But there are real life heroes that exist around us. Doctors awake at night saving lives every minute or soldier in freezing cold are worthy of more respect and are real heroes. And it is up to the society to look beyond the superficial and reel story, and focus on the real life actors. There has to be an true effort to make, respect and appreciate real heroes.
Point to ponder is that whether society needs people just acting like doctors, soldiers and not the actual and real ones, who saves lives. Does Society need only entertainment, because respect which is paid to someone who is just an actor, is not extended to real doctors, soldiers or other altruistic professions.
A reel hero who acts like a soldier, is famous and richer and than the actual soldier, who dies unnamed and in penury. Children of today’s times will strive to become, who is worshiped and paid respect by society and therefore will prefer to become reel heroes.
A society truly needs the real people, who work and act for them, more than just entertainment. It will need total change in attitude of people to deconstruct the perceptions, which are based on mere projections and are away from reality.
It is time to recreate and worship real heroes, who have become invisible behind the glittery mist.
Society needs to envisage the bigger real picture, and should not be mistaken for another projected story.
The perception of the projection will decide, what does the society actually need- or desire-or deserve , “Reel Heroes or Real Heroes”.
Administrators, who have never treated a patient in their lifetimes, but control treatment of thousands of patients. The biggest tragedy to the medical profession in present era, causing discouragement and demoralization of medical profession. Their role should not have been more than facilitators, but they have become medical administrators. They are so distant from the ground reality. To control the health system, administrators have a tendency to pretend that shortcomings in the patient care can be rectified by punishing the doctors and nurses. The vulnerability that is intrinsic to the doctors’ working makes them sitting ducks, an easy target for harassment and punishments and is exploited by everyone to their advantage. Administrators use this vulnerability to suppress them. It is used by media and celebrities who projected themselves as Messiah for the cause of patients, and sell their news and shows by labeling the whole community of doctors as dystopian community based on just one stray incident.
The blame for deficiencies of inept system, powerful industry, inadequate infrastructure and poor outcomes of serious diseases is shifted conveniently to doctors, who were unable to retaliate to the powerful administrative machinery.
The demonstration of the cleft that separated doctors from the actual overpowering controlling medical industry and administrators is not given, in order to maintain the prejudice with its dangerous bias towards doctors, who are in forefront and are visible to public. Clearly separating the role of health workers and the hidden administrators would not only settle the matter, but is actually essential to project the reality. The correct perception of two fundamentally different components would reveal a real gulf and would help to address the core issues.
A wish to govern, regulate and punish the medical professional by administrators is not new. Hammurabi 4000 years back had initiated to write the cruel rules of the game, which possibly initiated a change in the global perception and regulatory system and formed the basis for cruel regulation in radical and unprecedented ways.
In a quest to control this difficult area, which encompasses life and death, deals with extremes of poverty and riches, mortality and morbidity, pain and relief, sadness and happiness, smiles and sorrows and uncountable emotions, intertwines with financial aspects and the amalgamation of intricacies of science with legal complexity, doctors are burdened with over-regulation and administrative pressures.
Consequently the doctors are the sufferers, as they feel enslaved and suffocated. But ultimately who would be the sufferer, does not need an Einstein brain to guess.
More than a dozen doctors posted in rural hospitals in Unnao district of Uttar Pradesh collectively resigned, alleging harassment and misbehaviour by administrative officials.
The doctors, numbering 14, posted at community health centres and primary health centres submitted their resignation letters to the chief medical officer (CMO) of the district on Wednesday. Speaking to the media, one them said that while their teams would work on the field from noon to 4-5 p.m., isolating COVID-19 positive cases in their home, distributing medicine and carrying out sampling, the local SDM would summon them after that seeking a report of their work. The doctors would have to drive back several km to the tehsil from their place of work just to “prove that they are working,” said the doctor. “Despite continuously working, it has been made to appear like we are not working and that due to this, the COVID-19 situation is going out of control,” he said. The doctors also alleged that they were not provided sufficient drug supply from the government and often faced verbal harassment at the hands of the CMO and the CMS. If the field teams were unable to trace down patients because of submission of wrong phone numbers and addresses, they should not be held responsible for it, said the doctors.
This book comprises of stories that capture the pivotal moments in the treatment trajectory of the critical patients facing death. The times that force the doctor to confront the saddest moments, while battling a terrifying, unbeatable foe, the death monster alongside families’ fears, gloom, indecisiveness, dilemmas about future and saviour’s own predicaments intertwined with medico-legal intricacies and consequent complex emotional interactions.
The situations depict ‘the real issues’ through ‘fictional narratives’.
The stories reflect life of a doctor in the present era, amidst sick patients in an imposed legal milieu, a mystic journey, an arcane odyssey punctuated with pain and pleasure in the narrow and uncertain lanes at the horizon of life and death, carrying the burden of various vicissitudes like consumerism, legalities, unpredictable course of diseases, mistrust and blame for poor outcomes.
The narratives try to unmask the eternal latent vulnerability that is intrinsic in doctor’s work, which is exploited by media, law industry and even celebrities to sensationalize and sell their news and shows. The vulnerability turns more evil as the delineating cleft that separates doctors from the invisible overpowering medical industry is not shown, thus ensuring to sustain the prejudice with its dangerous bias towards health care workers.
One negative news story through a ‘portrayal effect’ generates unbridgeable gap in doctor -patient relationship, painful burden of mistrust loaded on doctors, that would heal only if millions of unfettered, unprejudiced, unbiased facts are clearly projected.
The book tries to highlight a seemingly illogical and contrary nature of the conflict; the doctors are finding themselves increasingly being engaged into. The dense mazes of consumerism, extensive communication, documentation, unrealistic expectations, negative media insinuations, legal complexities are demoralizing to doctors and certainly counterproductive for patients.
The futile discords emanate frequently, that are mundane in reality when compared to the actual disease and the real point of intention which is ‘The Treatment of the Patient’.
But is this what the patients actually need? Does the entanglement of doctors in such a maze help the patients in real sense?
The author felt morally compelled and attempted to find answers, embedded in a journey that was wondrous and inspirational, but with horrifying moments as well.
Has the decision to treat human fragility become a mistake in present era? No reward, if you win the match of life and death but sword hanging; if one were to lose?
Patient will need to decide someday, whether to be a consumer or just remain a patient.
Being a consumer may be an overall loss-making deal for the patient.
Disclaimer
The stories are fictional, but the depiction of the problems to the doctors, nurses and patients are real, based on day to day routine incidents. The episodes do not pertain to any single particular person, patient, doctor, nurse, hospital and organization. All the characters, names and dialogues in the book are figment of imagination of the author and similarity to any person, any situation or organization may be co-incidental.
The stories are not against any law, word of courts, profession, any government or any organizational set up or rules of any country. They depict the problems commonly faced by doctors in performing their duties hence are likely to affect the patient directly.
If there are certain doubts about the safety of the patient, the apprehension needs to be addressed.
The government has issued a notification which authorises post-graduate practitioners in specified streams of Ayurveda to be trained to perform surgical procedures such as excisions of benign tumours, amputation of gangrene, nasal and cataract surgeries.
The notification by the Central Council of Indian Medicine, a statutory body under the AYUSH Ministry to regulate the Indian systems of medicine, listed 39 general surgery procedures and around 19 procedures involving the eye, ear, nose and throat by amending the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016.
Any Surgery, how-so-ever simple it may look to the people sitting on fence, carries some risk and needs some kind of precautions and regulations to make it risk free. Therefore if there are certain doubts about the safety of the patient, the apprehension needs to be addressed. If the service of surgery by Ayurveda surgeon has to be availed by public, a certain confidence needs to be generated about the safety and quality assurance. Mere push by an enforced law will not lead to genesis of trust and confidence. So there needs to be technical analysis of some kind, whether it is a genuine original strategy or merely an imposed law.
If it was an accepted practice till now, there was no need for such notification. So apparently, if the need was felt to be said in a forceful manner, there has to be something unusual about the practice.
No doubt, ancient Ayurvedic text referred to surgical practices. But in present era of consumerism, patients need to know, how it was being practiced for last 200 to 300 years. What are the results and data about complications.
There are two main categories for the purpose of discussion.
A. Existence of a robust system
B. Individual competencies.
Firstly, there should be basic robust system that will generate Ayurvedic surgeons.
To start with, the CCIM need to satisfy on following questions. Following are the basic requirements of surgery.
1. What kind of Anaesthesia will be used in surgeries by Ayurveda surgeons? Who will be the anaesthesiologist?
2. What are post op pain killers be used in surgeries by Ayurveda surgeons?
3. What antibiotics will be used;. Allopathic or ayurvedic?
4. What are principles of pre-op evaluation?
5. How surgical techniques are different. Are they same used in allopathic surgery or different ones described in Ayurveda?
6. How the post op complications are being managed. Is it by using allopathic medications and investigations?
7. Data of surgeries done in last decade or two in all of Ayurvedic medical colleges, especially those done by Ayurvedic surgeons.
8. Who is teaching Ayurveda doctors about the surgeries? Are there ayurvedic teachers or being taught by allopathic surgeons?
9. Will the people in higher positions and government officials be availing such facilities or it is only for the poor people?
10. Will the patients be given enough information or an informed consent about such Ayurvedic surgeons before surgery?
More than a law, the whole exercise will require a trust building in public along with quality assurance and something unique to make such surgeries practically happen.
Society, administrators and Governments prefer to ignore the fact that doctor’s and nurse life is at as much risk as a soldier while treating infectious diseases. Corona has merely unmasked the risk but the danger has always existed with other disease like HIV, hepatitis B, open tuberculosis, Ebola and half a dozen more communicable diseases.
Doctors and nurses have continued to work along with such risks but the apathy shown by everyone towards health care workers, have left them demotivated and discouraged.
Corona deaths among health care workers are causing tremendous anxiety. Conditions under which they are forced to work are giving them a feeling of being victimised. All of their years of accumulated medical knowledge does not make them either invincible or confident about the future, as there is no uniform mechanism to support their families. The courts have also failed to give assurance of any kind.
Once health care workers, doctors and nurses, become a patient themselves, they realise that their resources are scanty and they are neither rich nor VIPs, and their families are not assured of a decent compensation. In such circumstances they realise that they have been made scape goats due to their call of duty and society has no gratitude. A feeling of deep hurt creeps in. A feeling hurt of being no more than sacrificial lambs in the end.
They feel let down and abandoned by the world for no fault of their own.
WHY SUCH APATHY? There needs to be a uniform law to support families of health workers. Moreover, health workers are crucial for the society, irrespective of their place of work. They may be in Government sector private or in isolated practices. The absence of uniform support mechanisms is becoming evident and is enough to dissuade the aspiring doctors to take up challenging roles.
Compensation given to family members of doctors after their death because of communicable diseases are trivial and non-uniform. It is little in monitory terms as well as in terms of respect. Death of doctors and nurses has been passed off as something routine and trivial matter. Just for example, it is less than course fee of private medical colleges or usual compensations sought by patients in malpractice suits.
Future medical students should note the trend and count this factor, when they choose to be a doctor.
NEW DELHI: More than 87,000 healthcare workers have been infected with Covid-19, with just six states — Maharashtra, Karnataka, Tamil Nadu, Delhi, West Bengal and Gujarat — accounting for three-fourths (around 74%) of the case burden and over 86% of the 573 deaths due to the infection, official data showed. Maharashtra alone, with the highest number of over 7.3 lakh confirmed Covid-19 cases so far, accounts for around 28% of the infected healthcare workers and more than 50% of the total deaths, according to the data. While Maharashtra, Karnataka and Tamil Nadu had tested more than 1 lakh healthcare workers each till August 28, Karnataka reported only 12,260 infected healthcare workers — almost half the burden in Maharashtra. Tamil Nadu reported 11,169 cases that included doctors, nurses and Asha workers. The three states together accounted for 55% of the total cases among health workers. A large number of Covid-19 infections and even deaths of healthcare workers in particular states is being viewed with concern by officials and public health experts, who say risks to frontline workers can jeopardise India’s fight against the pandemic.