'How can doctors ever work in insecurity?' Laments Kerala HC
Ernakulam: Expressing concern about how doctors are working without a sense of security, the Kerala High Court recently directed the State Government to submit a report to ensure the safety of doctors, medical personnel, and all attendant staff in hospitals.
Such a direction was given by the HC bench in the light of a recent attack on a doctor in Kozhikode, who was attacked using a sharp weapon by the father of a girl.
Medical Dialogues had earlier reported that the incident took place at the Government Taluk Hospital at Thamarassery after a doctor was allegedly attacked with a machete by the father of a young girl who had died of amoebic meningoencephalitis in August. The incident sparked outrage and led to a flash strike call by the Kerala Government Medical Officers’ Association (KGMOA) in Kozhikode district.
While considering the matter, the HC Division Bench comprising Justice Devan Ramachandran and Dr. Justice Kauser Edappagath orally observed,
"That is why we are sitting today. This was a shock to us. This was a clear shock to us. We do not know how doctors can ever work in a sense of insecurity...Gruesome incident actually. An attack on doctor to kill. We can understand somebody acting in a fit of passion. For somebody who plans everything and comes in, it is essential that you cannot allow weapons or sharp objects to be brought in. We want the government to give us a response."
Also Read: Doctor attacked with machete at Kerala Hospital
During the hearing of the matter, Dr. Rajeev Joshi appeared in person, representing the MedicoLegal Society of India and he suggested that guidelines should be in place to ensure that sharp objects and dangerous weapons are not brought inside the hospital. Referring to a direction issued by the Guwahati High Court, Dr. Joshi submitted that bringing weapons inside hospitals itself should be an offence.
The counsel for the Indian Medical Association (IMA), Senior Counsel S. Gopakumaran Nair suggested that the entire campus of all government hospitals should be enclosed and protected with only one entry and one exit. It was further proposed that at the entry point, there must be effective security, even with uniformed police, like in the offices of central agencies, Live Law has reported.
However, opining that such a suggestion was not feasible, the HC bench remarked, "How many people walk into the High Court a day and how many people walk into a Government Hospital? Make a comparison. It will be 10 times this, easily. That is because we have a confined space...But this is a case where, this man, possibly, was not even concerned about the consequences. He was consumed by so much of anger…there is no justification…we are not going to accept any explanation. We are making it clear and we are saying that there cannot be any explanation to any kind of violence. That is why we started by saying whatever anybody may say, we cannot accept or condone explanations for violence. Whatever be the provocation. We are here to find out how to stop this..."
It also observed that the number of attacks in the State has come down ever since the matter came for consideration before the High Court. The bench remarked orally, "I think we can also take a little bit of a credit. For the last several years, things have become much better, at least in Kerala. After this Court has taken over, the number of attacks have come down drastically."
The court, however, agreed that to prevent any such future attacks on doctors, a safe atmosphere in the hospitals should be ensured. At this outset, the bench orally directed the Government pleader,
"We want every hospital in Kerala to be safe for doctors, medical personnel and the attendant staff...You should be able to get a balance where this will not impede into the rights of the patients either or their bystanders. You require a professional attitude now. This will scarcely happen in a private hospital…"
Finally, the Court concluded the case hearing by giving a note of appreciation to the healthcare system. It remarked orally, "We completely salute the system. In spite of all the handicaps, our brilliant doctors, nurses, janitors, everybody, they are all working round the clock. There is no system that works so beautifully in spite of all the predicaments that you have. We have to really give in, not only to the doctors, to everybody, the support staff, the nurses. The nurses work under tremendous pressure. Support staff works under tremendous pressure. Cleaning a hospital is so important. It is so difficult now. Commitment is so high. That is why we want them a good, safe environment. It is easy for us to sit in this air-conditioned room and speak."
The matter has been posted after two weeks for the report of the government.
Earlier, while considering the case concerning the instances of violence against doctors, the Kerala High Court bench had directed the State police authorities to ensure that a First Information Report (FIR) gets registered on every incident of violence within one hour. Besides, in a landmark move, the HC bench had also decided to directly take cognizance of the complaints regarding violence against doctors, nurses or other healthcare professionals.
Over the years, the Kerala HC had also directed the SPC to place on record necessary requirements and protocols to ensure that effective security is provided in all hospitals so that any further incidents or attacks can be avoided.
