|
Re: Doctors have no right to strike (Re: omer osman)
|
But even without any repercussions from the courtroom, the “Code of Ethics and Regulations” framed under the MCI Act which is binding on all practicing physicians in India also has strong prohibition against any doctors’ strike. The Section 2.1.1 of the MCI “Codes” has categorically stated that doctors cannot refuse treatment to a patient who is in need of emergency medical care. While a doctor may be able to wriggle out of a situation for his refusal to treat someone suffering from an insubstantial medical condition, he cannot deny therapy under any ground to a critically ill patient. Obviously, the death of several patients following the “doctors’ strike” in Patna is in clear breach of the MCI Rules. The striking doctors should face disciplinary action from the medical council for violation of the MCI code of ethics. They are also liable for cancellation of their medical licenses for professional misconduct under the MCI Act. In fact, if charges are pressed against the striking medicos for violation of the MCI Act, it would be extremely difficult to defend that a patient was not in need of urgent medical care when he/she actually succumbs without receiving any treatment. Ironically, not many in the medical fraternity are even aware about the intricate MCI rules and regulations and that they must follow the stipulations as framed under the MCI Act. The junior doctors would be well advised to stay away from “doctors’ strike” as it can lead them to more serious problems. Unfortunately, unlike in the Western countries, the medical council in India primarily functions to shield their errant medical colleagues without caring for the lives of the ordinary people. This is why doctors in India frequently resort to “doctors’ strike” without much fear to settle their score with the government. If previous history provides any indication for the future, it can be safely predicted that the striking doctors in Patna would face no disciplinary action from the medical council no matter how many patients eventually die.
|
|
|
|
|
|