One well-known saying that we use to highlight the significance of health is “health is wealth.” To function well, one must be in good physical and mental health. We frequently go to the doctor and have a monthly checkup for this. However, we cannot overlook the scams that frequently occur in hospitals, where patients are defrauded of their bills or occasionally lose a loved one as a result of medical professionals’ carelessness. Obviously, things never go one way, do they? There have been instances where a doctor’s safety has been questioned during or after a patient’s life-threatening surgery. Therefore, the nation needs medical legislation to protect the rights of the innocent and hold the wicked accountable for their deeds.
HISTORY OF MEDICINE IN INDIA
Ayurveda was a common kind of treatment throughout the Vedic Era, which is when India’s medical history began. The father of medicine, Acharya Charak, established one of the earliest medical schools, Ayurveda. He has made significant contributions to the field of medicine that are utilized in contemporary medicine. He discussed 100,000 herbal plants and their therapeutic properties in his well-known work “Charak Samhita.” He also emphasized the significance of physical activity and a balanced diet for a healthy way of living. He also discussed human anatomy, pharmacology, blood circulation, and other topics in the book. He also discussed diseases like diabetes, heart disease, and tuberculosis, which are still relevant today and have a significant impact on medical research.
Indian medicine has made significant contributions to surgery in addition to discussing Ayurveda. The ancient surgeon Sushruta, who is regarded as the father of surgery, conducted the first cataract and plastic surgery procedures during the Vedic era. He and his scientists have performed numerous surgeries, such as brain surgery, plastic surgery, urinary stone removal, and artificial limb surgery, among many others. He described more than 300 surgical operations and 125 surgical equipment in his work “Sushruta Samhita.” This explains India’s illustrious medical past and its significance for contemporary medicine.
DOCTOR – PATIENT RELATIONSHIP
The doctor-patient interaction is fundamental to the medical industry. Maintaining the relationship requires clarity, transparency, faithfulness, respect, and trust. Good medical practitioners maintain high standards of conduct both personally and professionally, according to the General Medical Council. It is critical that medical professionals operate with honesty and integrity, uphold professional boundaries, and render objective, unambiguous judgments. Communication is one of the most important parts of the medical field. The patient’s medical history must be truthful, accurate, and kept private. They must abstain from providing false, deceptive, and erroneous information.
THE MEDICAL LAW IN INDIA
The area of law known as “medicine law” addresses the legal obligations, rights, and responsibilities of healthcare providers. Addressing legal concerns pertaining to medical practice and the healthcare sector is the main objective of medical law.
This includes, among other things, the Medical Termination of Pregnancy Act of 1971, the Indian Medical Council Act of 1956, and the Indian Medical Degree Act of 1916. These deal with rules and safeguarding both patients and physicians.
THE INDIAN MEDICAL COUNCIL ACT, 1956
In order to uphold standards for medical institutions and professionals in India as well as their behaviour, the Indian Medical Council Act of 1956[1] was enacted. It provides guidelines for competent physicians’ practice, research, and medical education. As a result, the Medical Council of India was established. Maintaining a medical professional registry, identifying medical credentials, and supervising medical facilities are all duties of the MCI. Permission to establish a new medical college and new courses of study is covered in Section 10A. Section 10B (1) states that “no medical degree awarded to any student of any medical college shall be a recognized medical degree for this Act unless the Central Government has previously granted permission in accordance with the provisions of section 10A.” Patients are saved from dire circumstances by this act, which prevents them from receiving care from unlicensed physicians at unrecognized facilities.
INDIAN MEDICAL COUNCIL (PROFESSIONAL CONDUCT, ETIQUETTE AND ETHICS) REGULATION, 2002
The MIC’s code of ethics for medical practitioners is outlined in the Indian Medical Council (Professional conduct, etiquette and ethics) Regulation, 2002[2]. It provides comprehensive information about moral behaviour in medicine. It outlines what doctors are expected to do for patients, other medical professionals, and the general public. The regulation’s primary goals are to preserve the dignity of the medical profession and to advance compassionate, honest care. According to section 1.3 of the legislation, a doctor is required to maintain a standard proforma medical record for three years after the start of treatment. Additionally, a registered medical practitioner needs to keep up with their medical certifications. Every time a medical certificate is issued, the patient’s identification markings must be entered, and a copy of the certificate must be kept. As stated in section 1.3.3 of the regulation, they must not forget to record the patient’s signature, thumbprint, address, and at least one identifying mark.
CANCELLATION OF MEDICAL LICENSE
The National Medical Commission Act, 2019 [3]addresses the granting, regulating, and suspending of medical practitioners’ licenses. Strict measures against a medical professional who has been accused of ethical misconduct are discussed in Section 30 of the NMC Act. A State Medical Council must be established by a state, according to the act. Taking disciplinary action for any ethical or professional misbehaviour is the goal of such a body. The act state provides a thorough explanation in Section 30(2).
With the caveat that the Ethics and Medical Registration Board will handle complaints and grievances regarding any ethical or professional misconduct against a registered medical practitioner or professionals in that State in line with the process that may be outlined by the regulations until a State Medical Council is established.
However, we must overlook the fact that, according to Article 21[4] of the constitution, everyone has the right to be heard. The act further stipulates that before a decision is made in such a situation, the accused must be given a chance to present themselves. Under section 30(4) of the act, the accused may file an appeal with the commission within sixty days following the board’s decision if they are unhappy with it.
The Supreme Court ruled in Gostho Behari Das v. Dipak Kumar Sanyal[5] that a doctor who is found guilty of contempt of court may have their license revoked, though this would also depend on how serious the contemptuous behaviour was. Additionally, one should remember that the National Medical Commission Act of 2019 and the Contempt of Court Act of 1971[6] are separate laws with separate jurisdictions.
PATIENTS’S RIGHTS
In India, patient rights are acknowledged by a number of laws but are not enshrined in a single statute.
Article 21 covers the following topics: personal liberty and the right to life. Every patient has the fundamental right to get appropriate care using clinically recommended techniques.
According to the Right to Information Act of 2005[7], all Indian patients are entitled to view their medical records and obtain details about their health and surgical procedures. A physician must provide patients with truthful, accurate information.
The Consumer Protection Act of 1986[8] provides patients who have suffered because of carelessness with legal remedies. For medical carelessness, the doctor may potentially be charged.
CONCLUSION
We can sum up by stating that Indian medicine is well known for its contributions to modern medicine. The doctor-patient relationship, which is based on openness, honesty, and mutual trust, is vital in the medical industry. The National Medical Commission, which was founded in 2019, is in charge of overseeing ethical behaviour and practices. In order to uphold the ethics of medical institutions and practitioners, the Indian Medical Council Act of 1956 was enacted. Such etiquette and ethical behaviour are explained in detail in the 2002 rule. It should be mentioned that if a practitioner is found guilty of misconduct or medical negligence, their license may be revoked or suspended; however, they have the ability to challenge the commission’s decision if they are not pleased. The rights of patients are recognized by multiple laws and are not enshrined in a single statute. These laws are crucial for protecting patients’ and physicians’ rights and for disciplining those who violate the law.
Author(s) Name: Antara Kedar (Rizvi Law College, University of Mumbai)
References:
[1] Indian Medical Council Act 1956 (Act No 102 of 1956)
[2] Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, Gazette of India, 6 April 2002, Part III, Section 4
[3] National Medical Commission Act 2019 (Act No 30 of 2019)
[4] Constitution of India 1950, art 21.
[5] Gostho Behari Das v Dipak Kumar Sanyal (2023) 5 SCC 365.
[6] Contempt of Courts Act 1971 (Act No 70 of 1971)
[7] Right to Information Act 2005 (Act No 22 of 2005)
[8] Consumer Protection Act 1986 (Act No 68 of 1986)
