Medical negligence cases: SC judge advises docs to do ‘robust documentation’

Tribune News Service

New Delhi, February 3

Cautioning doctors against medical negligence cases, Supreme Court judge Indu Malhotra has advised them to do “robust documentation” of their encounters with patients and take a pre-informed consent for any invasive procedure or surgery.

Addressing the sixth annual conference of Medicos Legal Action Group, Justice Malhotra said doctors should keep all these records securely.

Several other issues such as rising violence against doctors and the need for the government to bring in legislation to protect medical practitioners the clinical establishments from violence and vandalism was also discussed.

Several medical practitioners, including Dr Ashwini Kumar Setya, demanded that a new law should be enacted or the present Consumer Protection Act be amended to keep doctors out of its purview.

The day-long conference on Sunday was attended by around 350 doctors, lawyers and judges who deliberated upon various issues confronting the medical profession, Dr Setya said, adding violence against doctors has become a common place and it’s no longer considered news.

He said though the law to protect doctors and medical establishments has been adopted by 20 states but has proven to be a toothless tiger as police continue to arrest the doctors on the flimsiest of grounds, despite Supreme Court judgments.

“They Police either pretend not to know the law or do not want to enforce it under some kind of pressure either from the politicians, bureaucracy or the mob. Invariably the doctor is at the receiving end,” he said.