Live surgery broadcasts matter of serious concern, says Apex Court as NMC, Centre miss hearing
New Delhi: The Supreme Court bench has agreed to consider a public interest litigation (PIL) challenging the live demonstration of medical surgeries to trainee doctors/professionals and during medical conferences after noting that the issue pertains to a serious cause as well as state policy and therefore, even though the petitioners' locus is suspect, it would not refrain from dealing with the issue.
However, after hearing the submissions briefly, the top court bench comprising Justices Surya Kant and Ujjal Bhuyan had to adjourn the matter for further hearing as no one was present before the court on behalf of the Union of India and the National Medical Commission (NMC).
Observing that the representation from the Central Government and the Apex Medical Commission was necessary, the bench issued directions to the Registry to communicate the order to the Standing Counsel for NMC and to the office of the Attorney General.
Filing the plea, the petitioners argued that Live Surgery Broadcasts (LSB), particularly by organisations like the All India Ophthalmological Society, pose significant challenges to issues like informed consent. As per the petitioners, patients belonging to lower economic strata agree for such broadcast surgeries as they are provided surgery waivers for live surgeries. However, they do not realize that during such live surgery procedures, the surgeons' attention may be divided, potentially putting the patients at risk.
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The petitioners cited in the plea, a specific case from 2015, where a live surgery broadcast conducted by a leading hospital in the national capital of Delhi resulted in the death of a patient. Additionally, the plea claimed that advertising and sponsorship are the primary motivations behind live procedures, which are then broadcasted at medical conferences. They argued that this compromises the purity of medical education and patient safety.
In the plea, the petitioners sought directions for the Apex Medical Commission to set up a committee that would regularly monitor live surgery broadcasts and establish comprehensive guidelines.
As per the latest media report by Live Law, during the hearing of the case before the Supreme Court bench, the counsel for the petitioners, Senior Advocate Gopal Sankaranarayanan submitted that only within the last month, 38 live medical surgeries were conducted. Taking note of this and perusing the record, Justice Kant remarked, "This has very serious impact…and pertains to state policy."
Meanwhile, a counsel for the respondents argued that the petitioners did not have any locus to file the PIL. However, cutting the counsel short, the judge noted, "for serious cause, we don't care about the locus."
During the case proceedings, Dr. Rajiv Joshi (who is a doctor and a lawyer), appeared on behalf of the Medico Legal Society of India and sought intervention in the matter. Allowing the application, the top court bench permitted the Society to assist.
Medical Dialogues had earlier reported that last year, a Delhi-based Ophthalmologist had moved the Supreme Court highlighting the legal and ethical issues posed by live surgery broadcast. Back then, a top court bench headed by Chief Justice D Y Chandrachud and also comprising Justices J B Pardiwala and Manoj Misra had issued notices to the Central Government, NMC, and others.
During the case proceedings, the counsel for the petitioners, Senior Advocate Gopal Sankaranarayanan raised several concerns regarding live surgery demonstrations, He also highlighted the fact that these surgeries get conducted with an audience of up to 800 individuals in medical conferences and this audience actively participates in the process by asking questions to the surgeon while the procedure is ongoing.
"This is like Virat Kohli playing cricket and also giving live commentary. Many foreign countries have banned this. one person died on the table at AIIMS too. Some people agree as they are told foreign surgeon will operate but with live broadcast," the counsel had submitted in this context.
