In The Interest Of Patients, Doctors Need Better Protection Of Law - Dr Rajeev Joshi

वैद्यराज नमस्तुभ्यं यमराज सहोदर ।

यमस्तु हरति प्राणान् वैद्यो प्राणान् धनानि च ॥

This is an ancient saying which means “O vaidya (doctor), brother of Yama (God of Death), I bow down to you. Yama only steals away one's life, but the vaidya steals one's life as well as money.” It is obvious that it was a sarcastic manner of equating doctors with Gods.

Life expectancy of Indian citizens was 40 years at the time of independence, it has increased to 75, 75 years after independence. While there are many factors which are responsible for this, doctors of modern medicine have played an important role in enhancing the life expectancy in digital India.

Unfortunately, the cost of healthcare is simultaneously rising because of the cost of technology acquired by hospitals for treatment of diseases hitherto considered untreatable. Increasing consumerism expects a positive outcome of expenses on treatment. Compensation culture is rising exponentially.

There is no doubt that like every other domain, there are black ships in the medical profession also. However, it does not mean that the entire medical profession should be painted with black paint.

Contribution of medical professionals was applauded by all citizens with tali and thali when Prime Minister Narendra Modiji made an appeal during Covid-19 pandemic. Flowers were showered on the corpses of doctors.

More than 2000 doctors have lost their lives while fighting as covid-warriers. Most of their families did not get insurance money. Home minister promised that a Central Act for prevention of violence against will be promulgated, asking IMA to withdraw the candlelight march.

Epidemic Diseases Act 1897 was amended soon after IMA withdrew the protest and only a short term relief was provided. This time IMA was promised change in Bharatiya Nyay Samhita to protect doctors and a statement to that effect was made in parliament.

However, it turns out that section 304A of IPC 1860 has been re-introduced as subsection of 106 (1). Even before this, the intention of parliament was to exclude doctors from the Consumer Protection Act, but it did not reflect in the CPA by mentioning healthcare in the exclusion list.

While doing this, the section 106 (1) creates discrimination between doctors of AYUSH and doctors of modern medicine. IMA consistently opposed crosspathy, but has never opposed AYUSH doctors practising AYUSH sciences, as each science has its advantages and disadvantages.

Doctors need better protection of law, failing which there will be further increase in defensive medicine. This will indirectly harm every citizen of the country by increasing the number of investigations to prove that doctors are not failing in duty to care.

Cost of treatment will continue to rise and soon healthcare in India will become similar to healthcare in the USA where doctors are reluctant to take any risk whatsoever. It is said,

क्वचित् धर्म क्वचित् मैत्री क्वचित् अर्थ क्वचित् यश ।

कर्माभ्यासं क्वचितश्चेति चिकित्सा नास्ती निष्फला ।।

The Vaidya is doing their Dharma in treating patients who come in seeking help, he will make new friends, get connected with new people and receive what is meaningful to them. This could be money and / or something else.

The Vaidya will get success, that which is pleasing to their mind, by feeling satisfaction when patients get results, he will become an expert in managing certain conditions after continuous practice.

People will start finding the Vaidya in exactly the same way as the bee finds nectar in a flower. None of the Vaidya’s efforts, medicines, or prescriptions are going to waste.

Hope good sense will prevail, and the Act will be amended to protect doctors.