Re: CM Mayavati suspends 2 doctors for refusing Delevery to pregnant HIV+ woman in

[Guest guest]

Dear forum,

I am reading a lot for the last 2 days about the Meerut issue. I do agree with

the forum and appreciate the actions of the cheif minister.

I also wish to bring up the following for the forum's discussion.

Hope you all remember there was a posting in this forum about " PLHA put in

cremation ground alive " . This incident happened in Namakkal, tamilnadu. The

media gave a hype about this incident and teh origial story was the family

members built a hut and asked him to live there. Incidently the hut was near the

cremation ground.

OK, the district collector intervened and the PLHA was given utmost treatment at

Namakkal Govt. Hospital. After a week, the patient ran off during the wee hours

and is still absconding. The family members and the Doctors who treated him are

now going to the Police station reg " patient absconded " case.

I request the forum to discuss about this issue and also bring to light these

kind of incidents which you have experienced, so that the otherside (health

seekers) also behave responsibily. Health seeking and health providing are

equally important.

Suresh Raman.

e-mail: <tenthplanet@...>

[Guest guest]

[Moderators comment follows the text of the message]

Dear Friends

C M.Mayavathi action regarding suspension of the doctor- is it a permant

solution. I think they have to think in a realistic manner.

When we take action against the people(doctor). They may more hesitate on that

particular issue(HIV & AIDS).

Rather than doing the suspension of doctor, it could be good if those doctors

were sensitized and exposed to more institutions and NGO's who are working with

HIV positive people in a positive way - What do you think??

Regards

Bharathi

e-mail: <mupparapubharathi@...>

[Moderators note: Considering the gravity of the situation, suspension of the

doctors is like a slap on a child’s wrist, and they are scot-free. The doctor’s

act is a) Dereliction of duty, Criminal Negligence, c) Medical malpractice d)

Endangering the life of a mother and child, e) and deliberately causing distress

and anxiety.

Hope some of the local advocates and the PLHA groups would take the doctors and

the hospital to the court of Law for appropriate compensation.

Dereliction of duty is a specific offense under common law as criminal or civil

negligence, recklessness or malpractice. It includes various elements centered

around the avoidance of any duty which may be properly expected.

Criminal Negligence is a legal concept usually used to achieve compensation for

accidents and injuries. Negligence is a type of tort or delict and a civil

wrong, but can also be used in criminal law. Negligence means conduct that is

culpable because it misses the legal standard required of a reasonable person in

protecting individuals against foreseeably risky, harmful acts of other members

of society. Negligent behavior towards others gives them rights to be

compensated for the harm to their body, property, mental well-being, financial

status, or relationships. Negligence is used in comparison to acts or omissions

which are intentional or willful. The law of negligence at common law is one

aspect of the law of liability. Although resulting damages must be proved in

order to recover compensation in a negligence action, the nature and extent of

those damages are not the primary focus of this discussion.

Medical malpractice is a type of tort in which the misfeasance, malfeasance or

nonfeasance of a professional, under a duty to act, fails to follow generally

accepted professional standards, and that breach of duty is the proximate cause

of injury to a plaintiff who suffers damages. It is committed by a professional

or her/his subordinates or agents on behalf of a client or patient that causes

damages to the client or patient.]