• Impact on Patient Care: Doctors argue the law may lead to defensive medicine, ultimately affecting patient care quality.
• Legal and Ethical Implications: Medical professionals express concerns about the law’s ambiguity and potential misuse.
• Unified Stand: The solidarity among such a large number of doctors and associations is historic and highlights widespread apprehensions.

Dr. Sunita Dube, Chairman, MedscapeIndia, a leading voice in this movement, is available for interviews and can provide detailed insights into the community’s stance and proposed solutions.

Looking forward to your response.

Medscapeindia Concerned Over Medical Negligence Law

Dr Sunita Dube, Chairperson Medscapeindia AMET and 31 Lakh doctors and healthcare professionals of 43 different medical bodies have raised concerns over a newly enforced criminal law, which includes a clause for imprisonment for a maximum of two years and fines imposed on doctors. They argued that many medical negligence claims result from a lack of understanding of medical practices. They also contend that some complaints against doctors are motivated by an intent to coerce them into providing financial compensation to the claimants for purported negligence.

The recently enforced criminal law, effective from Doctor’s Day on July 1st, imposes stricter regulations on doctors in cases of alleged medical negligence compared to the Indian Penal Code (IPC). Concerns have been raised by certain factions of the medical community, who assert that this could potentially endanger the well-being of patients in specific circumstances.

The expressed apprehension pertains to a modification in the conjunction within the relevant section of the new law, where the replacement of “or” with “and” could potentially result in mandatory imprisonment for physicians in cases of medical malpractice.

According to Section 106 of the Bharatiya Nyaya Sanhita (BNS), if a registered medical practitioner causes death due to a reckless or negligent act while performing a medical procedure, they may face imprisonment for a maximum of two years and are also subject to fines.

The provision in the BNS has replaced Section 304A of the IPC, which previously stipulated imprisonment for up to two years, or a fine, or both, as penalties for causing death due to any rash or negligent act.

“The foremost thing is that doctors should feel secure while discharging their solemn duties, said Padam Shri Awardee Dr. Mohsin Wali. The new version of the law appears to imply a mandatory jail term for doctors”.

The most active healthcare body of doctors in India, Medscape India, with the support of over 3 million doctors across the nation, has also expressed concern about the new law.

Dr Sunita Dube reiterates that medical professionals are already overburdened with the administrative work to meet the norms and guidelines implemented by the government, now this provision Section 106 of the BNS might push some doctors into practicing *defensive medicine* and even avoid managing critically ill patients and refer them to other medical facilities.

Dr. Harsh Mahajan also emphasized the importance of considering the feasibility from the doctor’s perspective.

In the meantime, while Section 106.1 remains in effect, medical professionals and investigative authorities should only invoke Section 26 of BNS in response to any allegations. Dr. Ravindra Kutte, President supporting the bill from Maharashtra.

Further, Dr. Sunita Dube said, In medical negligence cases, there is never any intent to cause harm. We are hoping the authorities will acknowledge this aspect. We have already proposed a solution to deal with such a situation in a proposed bill, Prevention Against Doctor’s Assault Bill in 2023. According to the proposed ‘Prevention Against Doctor’s Assault Bill 2023’ the establishment of Health Tribunal Law with Medico-Legal Experts shall protect the Indian Healthcare System. The recommended Health Tribunal shall also safeguard doctors, hospital staff, medical professionals, medical sector caregivers, and medical service providers in false criminal FIRs lodged for negligence without establishing any evidence. To address the Grievances of patients the ‘Grievance Resolution Department shall be established in hospitals.

There is an inevitable and urgent need to implement Prevention of Assault on Doctors Bill proposed by Dr Sunita Dube in Vigyan Bhavan in June 2023 and formulation of Health Tribunal to safeguard the interests of doctors and patients alike.