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The facts are
The Section dealing with death due Rash and Negligent act that is Section 304 (A) was the one applicable to medical negligence. This section prescribed an imprisonment of up to 2 years and/or fine if you were held guilty.
It has now been replaced with a more stringent Section 106 which says any person found guilty of a Rash and Negligent act would be punished with imprisonment up to 5 years and fine.
However an exception has been made for proved medical negligence by Registered Medical practitioners for which the *punishment remains at a maximum up to 2 years and fine
The change is however significant in the sense that the punishment with imprisonment and fine is mandatory if you are proved criminally negligent.
However the procedure to be followed for levying such charges which has been prescribed by the Jacob Mathews Judgment of the Supreme Court remains. *This means that a Medical board has to first certify that a RMP has been prima facie negligent before the police can file charges against him or her
The fact however is that the Honorable Home Minister had stated a desire to keep medical professionals away from criminal charges but that has not happened. There has been no change in the new CrPC about maximum punishment for Registered Medical practitioners but the option of levying only fine has been taken away!
All Medical Associations therefore need to go back to the government to consider keeping things at Status quo if not completely keeping medical negligence out of criminal charges
Dr Vivek Dwivedi President
Dr Vikrant Desai Hon Secretary
Dr Sudhir Naik Chairman Medicolegal cell
Dr Lalit Kapoor Advisor
Dr Niranjan Agarwal Convenor
Dr Ajit Desai Convenor
Chennai: A postgraduate student at Madras Medical College narrowly escaped an attempted murder on Saturday night outside Rajiv Gandhi Government General Hospital in Chennai.
New Delhi: Lawmakers on Friday urged the government to "reassess" a contentious directive issued by the National Medical Commission (NMC) that effectively halts the establishment of new medical colleges in southern India. Additionally, they called on the ministry to formulate "region-specific norms.
The Department of Surgical Disciplines and Department of Nephrology at AIIMS-Delhi, in collaboration with the Organ Retrieval Banking Organisation (ORBO), successfully performed a dual kidney transplant on a 51-year-old woman patient who had been undergoing dialysis.
രാജ്കോട്ട്: ജുനാഗദിലെ ഒരു ഹോമിയോ ഡോക്ടർക്ക് സൈബർ തട്ടിപ്പിനൊടുവിൽ നഷ്ടമായത് ഒരു ലക്ഷം രൂപ. ഡോ.മുസ്തഫ മാഹിദ ആണ് സൈബർ തട്ടിപ്പിന് ഇരയായത്. ഇദ്ദേഹത്തിന് ജുനാഗദിൽ ഒരു ഹോമിയോ ക്ലിനിക്കും ഉണ്ട്. ഇക്കഴിഞ്ഞ ഏപ്രിൽ 6-ന് ഡോക്ടറെ പരിമൾ കുമാർ എന്ന ഒരു വ്യക്തി വിളിക്കുകയായിരുന്നു.
The position of a doctor in society is of top class and almost everyone respects these warriors. At a glance, people might think how lucky he/she is to be a doctor as they would be leading a happy and successful life. Yes, the job of a doctor is regarded as one of the most precious and best jobs all over the world and as mentioned above the entire society respects them. But did you ever imagine how much pressure they are exerting?
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