Deficiencies in our legal system

[Guest guest]

Dear Members:

Given below are some deficiencies in our legal system that occasionally pave way for the offenders to go scot free. Time for the legislature to address these flaws in right earnest.

} Indian courts do not hold doctors liable for patient's death that are caused as mistake of judgment in selection and application of remedies or from error of judgment.

} Under Consumer Protection Act, 1986, the definition of terms such as SERVICE, CONSUMER etc. are unclear and have very thin relevance to medical negligence. It lacks terminology too hence can lead to confusion during trials in consumer forums.

} It also lacks the provision for a general physician being into the information commission, as it is nowhere mentioned in the composition of district, state and national dispute redressal commissions. This can lead to unfair judgment, as the commission has no primary knowledge of medicine.

} The Right to refuse to attend a patient granted to doctors can be detrimental in the cases of emergency. There can be an exceptional cases where doctors do refuse and it is contrary to article 21 , right to life and personal liberty which implies right to healthcare.

} Fake complaint or lawsuit can be filed under Consumer Protection Act, 1986, causing serious harm to the reputation of doctors.

} The personal influence of doctors, if released on bail can affect the proceeding in court under criminal negligence and can lead to tampering of evidences and further conclude to injustice.

} The investigating officer and the private complainant cannot always be supposed to have knowledge of medical science so as to determine whether the act of the accused medical professional amounts to rash or negligent act within the domain areas of criminal law under Section 304-A of IPC.

With Regards

Dr Geer M Ishaq