Case against anaesthesia training course for doctors

http://www.thehindu.com/news/cities/Madurai/article3332604.ece

“Doctors compelled to undergo training against their will”

A government doctor has filed a writ petition in the Madras High Court Bench alleging that the State government was compelling medical practitioners possessing MBBS degrees to undergo a Life Saving Anaesthetic Skill (LSAS) training course that leads to a certification authorising them to administer general anaesthesia and spinal anaesthesia to obstetrics and gynaecology patients.

Admitting the writ petition filed by P.P. Ramajeyam, an Assistant Surgeon recruited to Tamil Nadu Medical Service through the Tamil Nadu Public Service Commission and posted to work at Government Hospital, Peraiyur, in Madurai district, Justice K. Venkataraman directed a government counsel to take notice on behalf of the Joint Director of Health Services and other official respondents.

According to the petitioner, the LSAS training, spanning for 24 weeks, covered all aspects of clinical anaesthesia and basic sciences. The trainees should complete 100 cases of spinal anaesthesia, 30 cases of general anaesthesia, 10 cases of epidural anaesthesia, and 10 cases of laryngeal mask insertion apart from cardio pulmonary circulatory resuscitation (CPCR) and cannulation on mannequins.

“Though the LSAS is only an optional training, all the government doctors with MBBS degrees are being compelled to participate in the training without getting their willingness… I never sent any application to undergo LSAS training. But without any application and without my consent, I was directed by the Joint Director to join LSAS training at Madurai Medical College,” he claimed.

His counsel C. Arulvadivel alias Sekar contended that such a training was ultra vires to the Constitution and contrary to the provisions of the Indian Medical Council Act, 1956, and the Indian Medical Degrees Act, 1916, and was being given to government doctors without the permission of Medical Council of India. “As per medial norms and ethics, a doctor should not practice in a branch of medicine without possessing statutorily prescribed qualification relevant to that branch. The certificate issued after the completion of LSAS training is not statutorily prescribed qualification to give anaesthesia to patients,” the petitioner's affidavit read.

Doctors not to be arrested for Medical Negligence

Judgment of Jacob Mathew case Appeal (CRI) 144-145 of 2004 which clearly states as follows

"A private complaint may not be entertained unless the complainant has produced prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor. The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation. A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been levelled against him). Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld".

Tamil Nadu IMA has approached the Tamil Nadu Government and got a GO NO.220 of 2008 Dated 4.7.2008 to implement the same Judgment in our State. It is high time IMA Head Quarters should get such an order from Central Government and also the respective state branches should approach and get a similar GO no.220 of 2008 like Tamil Nadu.

KIMS students seek protection for doctors

From http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/article2980403.ece

They condemn the recent attack on a few doctors

Medical students taking out a protest march in Hubli on Friday condemning the recent attack on doctors.

Hundreds of postgraduate and undergraduate students of the Karnataka Institute of Medical Sciences (KIMS) took out a march in Hubli on Friday, demanding that steps be taken to prevent attacks on doctors.

Supported by the faculty members of KIMS and the Indian Medical Association, Hubli, the protesters condemned the recent attack on a few doctors on duty at KIMS and the subsequent filing of a police complaint against them.

Over 700 medical students and members of the faculty participated in the march, holding placards condemning the attack on doctors, while highlighting what the medical profession stood for and how doctors cared for their patients.

The protesters were also critical of a section of the media for “sensationalising” news stories and for “errors” in reporting, particularly with regard to the recent attack on doctors.

The protesters submitted a memorandum, addressed to the Chief Minister, to the Hubli tahsildar, seeking adequate protection for doctors.

Inquiry

It may be recalled that following the police complaint filed by Mayappa Nagammanavar of Kalasur in Savanur taluk of Haveri district, alleging that the negligence of KIMS doctors resulted in his son Mailari's death, KIMS Director Vasantha Kamath ordered an inquiry into the matter.

Dr. Kamath's order was passed on Wednesday after members of Samata Sena also held a protest.

AIIMS doctors call off strike

From http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/article2980281.ece

The resident doctors' association and students at the All-India Institute of Medical Sciences (AIIMS) called off their relay hunger strike on Thursday after the hospital authorities assured them that their demands would be addressed immediately.

The group has been agitating since Anil Meena, a 22-year-old medical undergraduate student from Baran district in Rajasthan, was found hanging from a ceiling fan in his hostel room last week.

No prompt arrest of doctors on Medical Negligence: Supreme Court of India

Noting that frivolous complaints against doctors have increased by leaps and bounds, the
Supreme Court on Tuesday held that the police cannot arrest doctors over complaints of
medical negligence without prima facie evidence.
The apex court also restrained courts, including consumer fora, from issuing notices to
doctors for alleged medical negligence without seeking an opinion from experts.
“While this court has no sympathy for doctors who are negligent, it must also be said that
frivolous complaints against doctors have increased by leaps and bounds in our country
particularly after the medical profession was placed within the purview of the Consumer
Protection Act,” the court said.
A bench of Justices Markandeya Katju & R M Lodha ruled that courts must first refer
complaints of medical negligence to a competent doctor or a panel of experts in the field
before issuing notice to the allegedly negligent doctor.
“This is necessary to avoid harassment to doctors who may not be ultimately found to be
negligent. We further warn the police officials not to arrest or harass doctors unless the
facts clearly come within the parameter laid down in Jacob Mathew’s case, otherwise the
policemen will themselves have to face legal action,” the apex court said .

Doc goes missing

From http://www.deccanherald.com/content/232095/doc-goes-missing.html

Head of the Department of Nuclear Medicine of Kidwai Hospital, Dr Parameshwar, went missing under mysterious circumstances on Saturday night.

Janet, the wife of the 59-year-old doctor, a resident of Rajajinagar, lodged a complaint with the police on Sunday that her husband went out around 6 pm, on Saturday, saying he wanted to meet a dentist, but failed to return. Janet called him up at 9.30 pm and he told her he would be back home late in the night. She dialled his mobile number around 11.30 pm, but it was switched off.

The police have launched a search operation to trace him.

700 junior resident doctors of Civil Hospital on strike

From http://timesofindia.indiatimes.com/city/ahmedabad/700-junior-resident-doctors-of-Civil-Hospital-on-strike/articleshow/12127831.cms

AHMEDABAD: It was history repeating itself for the medical staff at the Civil Hospital as flash strike was announced

More than 700 doctors of Civil Hospital went on a strike late on Friday night after a resident doctor was allegedly beaten up by relatives of a patient that died during treatment at the hospital.

The doctors' association claimed support from other government hospitals in the state over issue of inadequate security. Senior state health officials rushed to the hospital to pacify the doctors on strike but the deadlock was not resolved as on Saturday night.

According to Shahibaug police officials, they recorded cross-complaints on Friday. "As per a complaint by Dr Nitin Chaudhary, a first-year surgery student, he was on duty at the C4 ward of the hospital. The doctor was summoned by the relatives to have a look at Shehnaz Bano Mansuri, 32, a resident of Rakhial, who was admitted in the ward. Mansuri was admitted for a fortnight due to swelling in the small intestine. She was not keeping well for two days and had become critical.

When Chaudhary attended to her for the third time, she had died", said a Shahibaug police official.

When Chaudhary declared her dead, he was assaulted by Mansuri's relatives led by Ismailbhai, her husband who accused him of negligence. Chaudhary later filed a complaint for assault against a group of five with police. As Shukal, inspector of Shahibaug police station, told TOI, Mansuri's family members have filed a cross-complaint against Chaudhary and Civil Hospital staff for negligence that led to her death.

As the news of assault spread in the campus, the doctors congregated and decided not to report on duty in protest. till the issue of their security gets resolved. Dr Hiren Patel, president of resident doctors' association at Civil Hospital, told

TOI that a physical or verbal abuse of a doctor at the hospital has become a routine affair.

"Every fortnight, at least one doctor is abused in the hospital by patients' relatives. We cannot work in such an environment and demand assured security at the workplace. While other states have legislations making such an assault a non bailable offence with three years' imprisonment and monetary fine, why can't the state take step towards that direction? More than 700 doctors have joined us and we have got support from hospitals in Bhavnagar, Surat, Jamnagar and VS Hospital," said Patel.

Another member of the association said that it is a now or never situation.

"We have been promised better security for last three years but nothing has happened. We want the government to understand our situation and pass the resolution in the ongoing session of legislative assembly," said the doctor.

Cancel MBBS seats of 88 with less than 50% in plus-2: Kerala HC

From http://timesofindia.indiatimes.com/india/Cancel-MBBS-seats-of-88-with-less-than-50-in-plus/2-HC/articleshow/6569272.cms

THIRUVANANTHAPURAM: In a setback to self-financing medical colleges, the Kerala high court on Thursday upheld the Medical Council of India's rule that a candidate for admission to the MBBS course must secure 50% marks in qualifying exams (plus-two) and the entrance test ( Common Entrance Test).

The order came from a bench of Justice Thottathil B Ravindran and Justice Bhavadasan on a bunch of petitions filed by some students whose admission had been objected to by the MCI as they had not met the marks requirement.

As many as 88 students had secured admission in five colleges, four run by Christian managements and one under the Muslim Education Society, during 2007-2008 in violation of the prescribed norms. The MCI had directed the students to discontinue their studies following which they approached the Supreme Court. The apex court, in turn, asked them to knock the doors of the HC.

The HC found that there was a central statute that required the candidate to secure not less than 50% marks in English and a minimum of 50% marks in Physics, Chemistry and Biology taken together both in the qualifying examination (plus two) and the competitive exams.

The colleges, however, had ignored the rule while admitting the students.

Kolkatta Court relief for medical college

http://timesofindia.indiatimes.com/city/kolkata/Court-relief-for-medical-college/articleshow/6149608.cms

KOLKATA: KPC Medical College, which is under the Medical Council of India scanner, got relief from Calcutta high court on Thursday. The division bench of chief justice J N Patel and Justice Bhaskar Bhattacharya scrapped a PIL against the college.

Organisation for People's Right to Health and Education had filed the PIL against KPC Medical College with the complaint that the private medical college was not following norms while admitting students to the MBBS course.

They had also complained that the fee structure prescribed by Supreme Court was not being followed. College counsel Biswaroop Bhattacharya mentioned that the college got the approval of MCI in 2008 and was following all norms.

The college has 150 seats for MBBS, out of which 50 are admitted from WBJEE and 100 from an all-India admission test held as per the MCI norms.

Court upholds punishment for drunk cop

http://timesofindia.indiatimes.com/city/chennai/Court-upholds-punishment-for-drunk-cop/articleshow/11089702.cms

CHENNAI: Showing zero-leniency to a drunk constable, who was dismissed from service for having attacked an innocent bystander , the Madras high court has upheld his removal.

On February 2, 2002, constable K Chelliah assaulted Karuppiah , who was waiting to board a bus at the Kallimandapam bus stand in Dindigul district. Besides verbally abusing, the constable kicked and slapped him. Chelliah's past conduct was taken into account by the inquiry officer, who pointed out that he had been punished five times for similar misconduct.

Chelliah preferred an appeal before the jurisdictional deputy inspector-general of police, besides approaching the erstwhile Tamil Nadu state administrative tribunal against the dismissal . After the abolition of the Tribunal, the matter was transferred to the HC.