“Responsiveness and diligence of professionals has
to be equi-balanced for all their consumers” says Supreme Court
The
Supreme Court on Thursday granted an additional Rs 10 lakh in compensation to a
poor woman from the hills in a medical negligence case on finding that when she
was writhing in pain, doctors at a Shimla hospital insensitively chided her by
saying “people from hilly areas make unnecessary noise”
Due
to medical negligence at Ripon Hospital, Shimla, the woman’s right arm had to
be amputated. The National Consumer Disputes Redressal Commission awarded her
Rs 2 lakh compensation in addition to Rs 2.93 lakh ex-gratia granted by the
state consumer forum. She appealed in the SC and sought more compensation.
In
its judgement in the matter of Shoda Devi vs DDU/Ripon Hospital Shimla
and Ors Civil Appeal No. 2557 of 2019 (Arising out of Special Leave
Petition (Civil) No. 26789 of 2018), the Apex Court held as follows:
“16.3
Such granting of reasonability higher amount of compensation in the present
case appears necessary to serve dual purposes: one, to provide some succour and
support to the appellant against the hardship and disadvantage due to
amputation of right arm; and second, to send the message to the
professionals that their responsiveness and diligence has to be equi-balanced
for all their consumers and all the human beings deserve to be treated with
equal respect and sensitivity.
We
are impelled to make these observations in the context of an uncomfortable fact
indicated on record that when the appellant was writhing in pain, she was not
immediately attended at and was snubbed with the retort that ‘the people from
hilly areas make unnecessary noise’. Such remarks, obviously, added
insult to the injury and were least expected of the professionals on public
duties.”
The
Constitution of India guarantees the right to equality in Article 14 Equality
before law, which states “The State shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.” This means that every citizen is equal before the
law and is equally protected by the laws of the country, which cannot be denied
by the state.
Article
15 prohibits discrimination on grounds of religion, race, caste, sex or place
of birth.
Such
scattered incidents bring disrepute to the medical profession and put further
strain on the already fragile doctor-patient relationship.
Doctors
are role models and have an ethical duty to “uphold the dignity and honour of
their profession”, a dictum also laid down in the MCI Code of Ethics
regulations (1.1.1).
Patients
are our assets. To treat and save the life of a person is our dharma. This is
why we chose to become doctors.
The
MCI Declaration, which a doctor is required to sign at the time of
registration, also says:
“I
will not permit considerations of religion, nationality, race, party politics
or social standing to intervene between my duty and my patient (4).”
“I
will practice my profession with conscience and dignity (5).”
“The
health of my patient will be my first consideration (6).”
This
case brings to my mind an encounter I had with a patient some few years back.
I
was working in the morning OPD just after completing a night shift at the
hospital. A patient came in and I proceeded with the routine history and
physical examination. In the midst of this, I yawned. The patient asked me,
“What is the matter?” I answered that I had just finished a night shift and had
come straight to the OPD.
I
was expecting the patient to commiserate with me and say something sympathetic
about the tough and grueling hours doctors put in.
To
this, his response was, “Then why are you here? You should go home. I have paid
a fee for the consultation and expect your complete attention. It is the
hospital’s duty to arrange for a replacement in case you are not able to give
me your 100% attention.”
This
was not something I had anticipated. It was indeed humbling and
I learnt a lesson for life.
I learnt a lesson for life.
Patients
are our first and foremost concern and their health and well-being is our
responsibility and should also be a priority.
Doctors
cannot and should not disrespect the patient, nor can they be rude to the
patient. They are expected to act in a manner befitting their position in the
society. The dignity and honor of the patient needs to be maintained at all
times.
The
importance of etiquettes and respect in our everyday interactions with not only
our patients, but also with others, cannot be emphasized enough.
“Patience
and delicacy should characterize the physician”, says MCI Regulation 2.2.
Dr KK Aggarwal
Padma Shri
Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group
Editor-in-Chief IJCP Publications
President Heart
Care Foundation of India
Past National President
IMA
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