Govt moves to make medical malpractices an offence

In view of increasing instances of violation of medical ethics, and malpractice by doctors, the government is in the process of making specific provisions in the law to make all such acts, a punishable offence under the Indian Penal Code (IPC).

The health ministry has proposed amendments in the Drugs and Cosmetics Act to plug the loopholes in present laws that let doctors escape. A separate chapter on medical ethics is being added in the Act — violation will be punishable under IPC leading to imprisonment.

With the amendments in place, prescribing unnecessary medicines, taking presents from pharmaceutical companies, accepting their hospitality and conducting clinical trials without following the prescribed norms, will be considered an offence.

The move is based on the recommendations of the new Board of Governors of Medical Council of India (MCI) which wants tighter norms for violation of medical ethics. “There are going to be strictures against malpractices. These will be against doctors taking presents, prescribing too many drugs and being share holders of companies conducting medical trials,” said Dr Ranjit Roy Choudhary, member Board of Governors of MCI.

Health minister Ghulam Nabi Azad justified the move sayingthat many doctors were prescribing unnecessary medicines to the patients or prescribing expensive drugs of certain companies even though cheaper and generic versions of such drugs were available.

“At present there are no harsh punishments for doctors found indulging in unethical practices. The maximum punishment they get is cancellation of license or suspension of clinical trials they are conducting in violation of norms. There has to be some accountability and punishment for doctors who put life of patients at risk. At present there is no punishment under the IPC. The amendments would ensure that the doctors can be sent to jail for playing with patients’ life and violating ethical norms,” said Azad.

So far, death due to negligence is the only act covered under IPC section 304A. But this law does not punish other acts of doctors which includes causing injury, over-medication, providing poor quality of medical care or refusing treatment.

In 1995, though Supreme Court brought the medical profession within the ambit of a ‘service’ as defined in the Consumer Protection Act, 1986 (5) allowing patients who had sustained injuries in the course of treatment to sue doctors for compensation; its order did not cover patients who were provided service free of cost or if they had paid only a nominal fee.