NGO PBT attacks IMA for advertisement on decriminalisation of medical negligence

New Delhi: While the medical fraternity is cheering for the unprecedented bill that differentiates the punishments for doctors in cases of medical negligence, a patients’ rights group, People for Better Treatment (PBT) has accused the Indian Medical Association (IMA), Delhi, of misleading the public through its recent advertisement.

On Friday, 22 December, the Indian Medical Association (IMA) – the largest organisation representing doctors in the country – extended its gratitude to Prime Minister Narendra Modi and Union Home Minister Amit Shah via a daily newspaper advertisement for “exempting medical professionals from criminal prosecution under 304(a) of the IPC, now 106 of BNS (death by rash or negligent act).

If one goes through the recent bill, we find that it does not reduce the prison term for doctors in case they are accused in a case of death due to negligence compared to the IPC clause 304A which dealt with death by negligence. It is very similar to IPC 304 A, where the term of imprisonment was up to 2 years. What it indeed does is clearly distinguish the treatment of doctors from other cases of death by negligence, calling for a lenient punishment. 

When the Bharatiya Nyaya (second) Sanhita Bill is compared with the existing Section 304 A of the IPC, there is not much difference regarding the prison term or the liability to pay a fine. Even though it does not reduce the tenure of imprisonment, the new amendment is indeed welcome as it clarifies the confusion to the law executors on charging doctors accused of alleged medical negligence under IPC Section 304.

Earlier, even when a doctor should have been charged under Section 304 A, sometimes they used to be charged under IPC Section 304 and as a result, they faced longer prison terms extending up to 5 years. Therefore, while the term of imprisonment for doctors remains the same even with the new amendment, doctors are still hopeful that the Minister's verbal announcement to decriminalise medical negligence will soon come into effect.

Meanwhile, the IMA's response to the Home Minister's announcement through its recent advertisement has drawn flak from the patient's rights body which has called the IMA's move "seemingly deliberate and iniquitous."

The advertisement released on December 22 reads “We are thankful to Shri Narendra Modi Ji … and Shri Amit Shah Ji … for exempting the medical professionals from the criminal prosecution under 304 of IPC now 26 of BNS (death by rash or negligent act.)”

Addressing the Secretary of the Indian Medical Association (IMA), Dr Kunal Saha- the President of PBT wrote a letter mentioning that the IMA had “deceptively” created an impression that negligent doctors can no longer be criminally charged for causing the death of a patient. 

The NGO PBT has laid allegations against IMA for promoting an advertisement that claims the new proposed law grants complete immunity to doctors from criminal charges.

The organization stated that the IMA thanked the Prime Minister and home minister for “exempting” medical professionals from criminal prosecution in cases of medical negligence through an advertisement that has allegedly caused confusion and frustration among ordinary citizens and people whose loved ones have died due to negligent treatment, real or perceived, by a doctor. Consequently, the citizens mistakenly believe that they can no longer seek police intervention or pursue criminal charges against the negligent physician through the appropriate court system.

"Our organization has received numerous queries over the past few days from ordinary citizens and distraught family members who lost someone due to alleged medical negligence because they have started believing, after seeing the advertisement by IMA, that they have no option for seeking criminal prosecution even in death from most rash and reckless treatment by a doctor.

There can be no argument that wide publicity of IMA’s advertisement endorsing a false narrative, whether inadvertent or willful, that doctors can no longer be criminally prosecuted has already done a great disservice to society at large," the letter reads. 

Hence the organization has sought correction of the false advertisement that is reported to have been misleading victims of medical negligence. It has requested the IMA to clarify on its mistake in the advertisement by taking remedial measures as negligent doctors are not “exempt” from criminal prosecution under the new law (BNS Act, 2023). 

"I’m submitting this Representation seeking your urgent attention and to request you take remedial measures for immediate correction of the false information/narrative promoted through the IMA advertisements by clear admission of the mistake and clarifying that negligent doctors are not “exempt” from criminal prosecution under the new law (BNS Act, 2023) through similar paid advertisements in major national newspapers in Delhi and across India as IMA did last week, the NGO said.

It further added that if the IMA does not correct it in 72 hours, it will go fro alternate options to seek justice.

Also read- Breaking News: Home Minister Amit Shah Promises To Decriminalize Medical Negligence Deaths