New Criminal Law Sparks Concerns Among Doctors Over Medical Negligence Penalties

The newly enacted criminal law has raised significant concerns among the medical community, with doctors warning that it imposes stricter penalties for alleged medical negligence than the Indian Penal Code (IPC), potentially endangering patient care. The change, effective from Monday, alters a critical conjunction in the legal text, which some medical professionals believe could lead to mandatory imprisonment for doctors.

The contentious issue lies in Section 106 of the Bharatiya Nyaya Sanhita (BNS), which states that any death resulting from a rash or negligent act by a registered medical practitioner during a medical procedure will be punished by up to two years in prison “and shall also be liable to fine.” This replaces Section 304A of the IPC, which had specified imprisonment for up to two years “or with fine or with both” for causing death by negligence. The replacement of “or” with “and” appears to indicate a compulsory jail term for convicted doctors.

The Indian Medical Association (IMA), representing over 400,000 physicians nationwide, echoed these concerns, describing the new law as a “Damocles’ sword” over doctors. IMA President R.V. Asokan highlighted the unintended consequences of the law, noting that medical negligence is rarely intentional. “We hope the authorities recognize that doctors do not aim to harm their patients,” Asokan said.

Dr. K.V. Babu, an ophthalmologist from Kannur, Kerala, and a founding member of the Alliance of Doctors for Ethics in Healthcare, expressed concerns that this change could lead to defensive medical practices. “Doctors might become overly cautious, avoiding high-risk patients to escape potential legal consequences,” Babu said.

The IMA has suggested the creation of district medical panels to advise investigating officers in medical negligence cases. These panels, which could be established through executive orders, would evaluate allegations of negligence and determine whether there was reckless or gross negligence. The IMA has urged Prime Minister Narendra Modi to implement this suggestion to alleviate the pressure on doctors.

Impact on Doctors and the Role of Medical Negligence Consultants

The new law's impact on doctors could be profound, potentially altering their approach to patient care. The fear of mandatory imprisonment may drive some doctors to practice defensive medicine, characterized by the avoidance of high-risk procedures and patients, leading to a potential decline in the quality of healthcare. This shift could exacerbate the shortage of doctors willing to handle complex and critical cases, thus negatively affecting patient outcomes.

Medical negligence consultants play a crucial role in this context, providing expertise and guidance to healthcare practitioners to navigate legal challenges. These consultants help doctors understand their legal responsibilities and offer strategies to minimize the risk of negligence claims. They also assist in improving clinical practices and patient communication, reducing the likelihood of misunderstandings and legal disputes.

Conclusion

The new criminal law's stringent approach to medical negligence has sparked significant concern within the medical community. By potentially mandating jail terms for doctors, it threatens to shift the focus of healthcare from patient well-being to legal self-preservation. To mitigate these effects, the establishment of district medical panels and the involvement of medical negligence consultants are essential. These measures can help ensure that doctors continue to provide high-quality care without the constant fear of legal repercussions, ultimately benefiting both healthcare providers and patients.

Reference - The Telegraph Online