SATYAMEV JAYATE
With the NTA's alleged irregularities numbering around 21, it is in the eye of a storm vehemently trying against all odds to salvage its remaining self respect by doing everything possible in the name of the game to stop a RE- NEET from taking place and this time succeeding too as the Apex Court after exploring all evidences of paper leaks surprisingly ordered a NO RE-NEET after observing that the paper leak was restricted to Patna and Hazaribagh i.e. it was localised - a decision that did not go well with the student community and many others who felt that the Apex Court had with jaundiced eyes failed to see the right thing in the right manner.
Against All Odds: A Journey from Desperation to Miraculous Recovery
After nearly a month of relentless effort, we succeeded in saving that patient's life. Miracles manifest when you place your trust in God and persevere without rest. Two months later, witnessing that very patient, once teetering on the brink of hopelessness, walk into the OPD on his own was a moment of indescribable satisfaction and joy.
Decriminalizing Medical Negligence Death or Criminalizing Medical Practice
The Minister professed before the Parliament to decriminalize medical negligence but what in reality he did was to specifically criminalize practice of medicine by registered medical practitioners The liability and punishment for negligence for a medical practitioner remains same in BNS 106(1) and IPC 304 A. The worse aspect is that under the amended 106(1) the medical professional’s acts are specifically added for criminal liability. It certainly does not decriminalize medical negligence.
DOWNFALL SYNDROME
The entire education system needs to be freed from the clutches of the nexus operating in the shadows of commercialization. Treating the recent happenings as a symptom of something uglier to come, all stakeholders in the education system must contribute to prevent India's reputation of being a country where merit is respected through transparent examinations from going down the drain !!!
Balancing Rights: The Complex Case of Fetal Sonography and Judicial Overreach
Explore the complexities of fetal sonography in our latest blog, where we examine the recent National Consumer Disputes Redressal Commission judgment. Dr. Shri Gopal Kabra delves into the medical, legal, and ethical implications of prenatal testing and the controversial decision that impacts both doctors and patients. Read now for a thorough analysis of this pivotal case
The Future of Certain Medical Specialties: The Impact of AI Advancements
The future of certain medical specialties is poised to change dramatically due to advances in AI technology. While specialties like radiology, pathology, dermatology, ophthalmology, and primary care are at risk of becoming defunct in their traditional forms, the integration of AI also presents opportunities for healthcare professionals to redefine their roles and responsibilities. The key to navigating this transformation lies in embracing AI as a complementary tool, focusing on tasks that require human expertise, empathy, and complex decision-making. By adapting to the changing landscape, healthcare professionals can continue to provide high-quality care while leveraging the benefits of AI to enhance patient outcomes.
Statutory interpretation of Consumer Protection Act 2019: Professions, Legal and Medical, are not and cannot be included in the Act
Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of ‘literal construction’ in the overall ‘context of scheme, scope and professed purpose’ of the Act, and applying various Rules of construction, the judiciary elucidates the likely intent of the Parliament. The principal aim of the judicial construction is the “Intent of the Parliament.” Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion.
Medical negligence is an offence that needs to be adjudicated per exemptions provisions.
The Hon’ble Supreme Court in its recent judgment has extensively reviewed earlier Judgments on medical negligence to highlight how the emerging jurisprudence, taking cognizance of exemption clauses in Indian Penal Code (now Bhartiya Nyaya Sanhita 2023) has virtually decriminalized medical negligence.
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