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Upto 5-year jail, Rs 1 Crore fine for medical negligence in Madhya Pradesh


Upto 5-year jail, Rs 1 Crore fine for medical negligence in Madhya Pradesh

Madhya Pradesh: Hospitals held accountable for medical negligence leading to death of a patient may now face a fine of upto Rs 1 crore and/or with a jail time extending upto 5 years,  a recent draft bill of the Clinical Establishment Act in Madhya Pradesh has stated.

The drafted Clinical Establishment Bill, 2019 has been recently placed in public domain. As stipulated in the recently drafted Clinical Establishment Bill,  there can be upto one-year imprisonment and/or a fine up to Rs 10 lakh for clinical establishments in cases of medical negligence if a patient suffers serious injuries due to negligence during treatment, surgery or diagnosis. In case of death due to negligence, the penalty goes upto Rs 1 crore and/or a jail time extending upto 5 years

The bill also calls for the constitution of Madhya Pradesh Clinical Establishment Regulatory Commission that would regulate the functioning of clinical establishments as well monitory the functioning of the district registering authority with which all clinical establishments in the state would have to be registered.

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The draft bill goes on to define the meaning of clinical establishments that would include hospital, dispensary, clinics, sanatorium, nursing home, maternity home, dental clinic/hospital, critical care units, laboratories,mobile medical unity,healthcare or wellness centre, physical therapy establishment, ambulance services as well ask consultation centres. The bill further defines recognised system of medicine to include allopathy, AYUSH as well as any other systems of medicine recognised by appropriate government.

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The bill calls that all clinical establishments have to be registered with the District Registering Authority

The bill also specifies the process of creation and the functions of the District Registering Authority as well as the Madhya Pradesh Clinical Establishment Regulatory Commission. Besides issues of medical negligence, the commission also possess the power to impose a monetary penalty up to 50 lakhs in case of any violation of the process under this Act.

The key highlight of the bill is the provision related to offence committed by the clinical establishments or the medical practitioners wherein;

if any clinical establishment whether by itself or by any other person on its behalf, while providing any diagnosis, treatment or care for illness, injury, deformity, abnormality, pregnancy and or medicine, surgery in any recognised system of medicine, causes death of such person, due to negligence, such person of the Clinical establishment or the Clinical establishment, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three year, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both.

With the bill issued on October 1, the Government intends to cancel and replace the Madhya Pradesh Upcharyagriha Tatha Rujopchar Samabandhi Sthapnaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, with the Madhya Pradesh Clinical    Establishments  (Registration and Regulation) Act, 2019; that will provide for the registration and regulation of clinical establishments and to establish a District Registering Authority for Registration, regulation and dispute redressal and also to establish the Appellate body to hear appeal from the decisions, directions and orders of the District Registering Authority, and for matters connected therewith and or incidental thereto.

Also Read: Govt notifies Draft Delhi Health Bill, invites stakeholder comments

Attached is the bill

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9 comment(s) on Upto 5-year jail, Rs 1 Crore fine for medical negligence in Madhya Pradesh

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  1. These rules are make or break kind of rules. Minimum punishment is one yr jail for serious injury to pt and 3 for death , maximum may be anything. That means it becomes impossible to work as a doctor without going to jail now. So Government should include jail curriculum in studies as well. Apart from that , the truth is doctors in mp after that will either quit or leave the state. I work in mp and made a bad choice working for my country. Now i will have to reroot somewhere. But better be alive than dead !

  2. user
    Dr Kusum Singhal October 14, 2019, 5:43 pm

    This is very unfortunate,no Doctor can save every life.and it is not very difficult to take out faults of Doctor who has to do multitasking while managing a serious patient.Treat,document,inform relatives from time to time,inform family that he will not be able to come home ,inform Police if untoward happens,arrange security for himself etc.

  3. user
    mahendra kumar agarwal October 14, 2019, 2:07 pm

    It is very sad that government is very much against doctors. If it continued, no one can choose medical field as his profession.

    If lower court gives some judgement and high court reverse it, why lower court judge is not being punished for professional negligence and being fined and jailed.

    Decision of high court in many cases are to be reversed by Supreme court, why high court judges is not being punished for professional negligence and being fined & jailed.

    Police and CBI filed cases against many and they suffer years together and court did not hear cases years together, why in all these cases, judges are being fined and jailed.

    Government did not work properly as road work, pothole on road, is municipality being penalised ?

    If approval is not given in time by officers, why concerned people are not being penalised for fine and jailed for negligence in their duties ?

    Strange animals like cow and buffalo are sitting on roads for hours and accident occurs due to this, is government is taking any action against such people being fined and jailed because this is a gross negligence on the part of civilian and concerned municipality ?

    Government is totally unable to create facility for treating patient at Government hospital. Education and diagnostic machine are so costly that a good hospital or diagnostic centre cannot be create by ordinary man.

    Now In all emergencies situation, doctor will not admit serious patient and ultimate patient will suffer and die because of government policies.

    Please think for a moment:
    Why patient is coming to private hospital rather than going to government hospital ?
    Why a person take his private car/vehicle rather than to catch government bus?
    Why police officer check insurance policy /PUC when such records may be easily available on line with vehicle registration number at government site. Why government is not taking action as soon as insurance policy is issued, it should be reflected with vehicle registration number and should be reflected against vehicle number and all government officer can see any time. Why Government assign RTO police for checking this, it is gross negligence on the part of government and officer of concerned department should be fined and jailed for such gross negligence because they are unable to upgrade the system in time.

    Nobody knows Human body completely , if he knows death does not take palace. Many times, treatment is started on assumption basis till a correct diagnosis take palace. There is no device in the world to fix the ailment and procedures to correct it. Even medicine does not show the same result to all patient. It differs patient to patient. If it is so, no death take place if medical system is 100 per cent is full proof.

    In such a situation, how you can blame doctor if he has taken all precaution and in last moments patient condition goes worst and dies. Every doctor treat the patient seriously and want to recover it fast but certain thing is not in his hand.

    All doctor should unite irrespective of their cadre and fight against such nuisance.

  4. Medical practice has become the most risky profession as nobody is bothered about the rights of medical practioners. Litigation is rising. So unethical practice may increase. Instead health education is a must for patients. Tackle corruption at all levels. Otherwise there won\’t be any doctors to treat & treatment is going to be very costly with rising insurance fees. This vicious cycle has to stop.

  5. Time is not far when humans will be declared immortal by goverment until and unless they kill themselves or killed by doctors.