In recent years, many doctors across various parts of the country have faced allegations of gross medical negligence during treatment. Despite lucid and stern comments by Hon. SC on the procedure to deal with cases of medical negligence in various historical decisions, doctors claim that they often do not receive justice while facing accusations of medical negligence. Many times, due to the unfamiliarity of lower-level police officers with cases of medical negligence, doctors face significant distress. According to the guidelines issued by Hon Supreme Court, before registering a case of gross medical negligence, consultation with a medical board (preferably a board of Govt doctors) is mandatory. However, instances have been observed where lack of adequate legal knowledge among board members resulted in incorrect opinion creating significant problems for the concerned physicians.

Considering these facts, Dr. Rajveer Arya, former professor and Unit head of the Surgery Department at SMS Medical College, has initiated a campaign by writing letters to the NITI Aayog, the Central Government, the National Medical Commission, and various medical associations. He demands that complaints of medical negligence be resolved only as civil cases and provisions be made in the law to not to fasten criminal liablity on  doctors in cases of medical negligence. He advocates for appropriate changes in the law in this regard. The NITI Aayog has acknowledged his letter.

The pacemakers  discussed this issue with Dr. Rajveer Arya.

Here are some excerpts from the conversation-

TP- Doctors are citizens of India and like any other citizen, the law of the land is applicable on them also. Why do you want doctors to be treated differently ?

Dr Rajveer Arya -We don’t want to be treated differently, we just want protection from criminal cases while doing our professional duty. No other professional, be it lawyers, CAs, architects or engineers are treated with criminal prosecution routinely, then why doctors?

Medical profession is not a perfect science. Outcome of any disease depends upon multiple factors. The stage of the disease process at which patient reports to doctor, available medical/surgical facilities at particular centre, contributory negligence by patients and last but  not the least financial conditions of patient often determine the outcome. Often, known complications of disease or surgical procedures are wrongly interpreted as medical negligence and FIR is registered against doctors by the police while the Hon. SCC has said it umpteen number of times that lack of ordinary care,medical accident or error of judgment must not be interpretd as medical negligence.

 TP- Then what kind of cases related to medical practice must be dealt under criminal laws?

Dr Rajveer Arya- Cases related to medical practice must not be dealt under criminal laws ,however if any healthcare professional has voluntarily and intentionally done any harm to patient with a criminal intent then he/she should be prosecuted as per criminal laws.

TP- Do you think that fear of criminal practice is changing the way doctors practice? Is it really affecting society adversely?

Dr Rajveer Arya - Due to fear of criminal litigation /prosecution doctors are now afraid of treating difficult and complicated cases, doing complicated surgeries/ procedures. Most of the Gynaecologist have stopped doing obstetrics work because of fear of  criminal prosecution. This will have tremendous adverse effect on health services, particularly related to Surgery,Gynaecology, Neurosurgery, Onco surgery, Cardiac surgery, Ophthalmology and other surgical specialties. 

TP- What do you want from Government?

Dr Rajveer Arya - Government must protect doctors from criminal intimidation by amending the law so that mistakes done by medical professionals are considered civil in nature.Criminal liablity must not be fastened if there is no criminal intent.This is essential so that they could work fearlessly and deliver medical services more efficiently and effectively