Dear Doctors,
Star health and Allied Insurances is going to start 125 telemedicine clinics and already 9 clinics have been started on 19-05-2007. They have tie up with 1400 hospitals.
Star Health and Allied Insurance, Apollo, Induja, Gangaram, Escort, Wockort, Ranbaxy and reliance are staring small clinics throughout India in Small Towns which will affect the livelihood of young doctors.
DASE is organizing a seminar to ban corporate hospitals starting small clinics.
Venue : Hotel Chidambaram, Sivakasi
Date : 03-06-2007
Time : 10 AM
Don't Miss It
Dr.G.R.Ravindranath, General Secretary of DASE participates in a Discussion regarding Madurai Doctor's Strike
Channel : Sun News
Program : News at 10 PM
Date : 21.05.07
doctors at thiruvarur dt seeing pts with black badges.dr.t.mohan state treasurer is also in this photo
DASE state vice president dr.k.muthukumar and other doctors at trichy medical college hospital wore black badges on 18.05.07
Arrest of doctors flayed
Staff Reporter (http://www.hindu.com/2007/05/18/stories/2007051808090300.htm)
TIRUNELVELI: The Doctors' Association for Social Equality (DASE) has condemned the arrest of two Madurai-based doctors and demanded their immediate release.
Addressing reporters here on Thursday, district president of DASE, P. Dorai, said that the arrest of two doctors, including a lady doctor, after the death of a patient was against a Supreme Court ruling, which clearly states "when a patient's death results merely from an error of judgement or an accident, no criminal liability should be attached to it."
Moreover, the doctors had been thrashed by a group of people for more than five hours, but the police took no action against them. Besides preventing such "unmindful arrests", the State Government should initiate steps to release these two doctors and two more arrested at Vedasanthur recently.
Protests would be organised at Tiruchi and Madurai on May 18 condemning the arrest, while doctors in other places would discharge their duties with black badges, Dr. Dorai added. The State Secretary of DASE, T. Aram, and District Secretary, Basupathi, were present.
DOCTORS’ ASSOCIATION FOR SOCIAL EQUALITY (Regd. No. 322/2004) # 41, Chavadi Street, Pallavaram, Chennai - 600 043. Tamilnadu. Phone: 044-2264 3561, 2264 2790 Fax: 044 - 2264 3562, Cell : 99406 64343, 94441 83776
DOCTORS ARRESTED BY POLICE
Doctors will wear black badges tomorrow.
Doctors will wear black badges tomorrow.
Regarding this Doctor G.R. Ravindranath, General Secretary - DASE has issued the following press Statement.
Due to death of two patients followed by surgeries 4 doctors Dr. Sivagurunathan, Dr. Vijayalakshmi, Dr. Thangamani & Dr. Balasubramanian have been arrested by police at Madurai & Vedachandhur.
DASE Strongly condemns the police’s brutal attitude. It is against the Supreme Court’s guidelines.
To protest against the police’s high handedness, Doctor’s through Tamilnadu will wear black badges tomorrow and various forms of struggles will be organised.
Yours’
(Doctor G.R. Ravindranath)
General Secretary - DASE
Click here for the Supreme Court Judgement which says
For every mishap or death during medical treatment, the medical man cannot be proceeded against for punishment. Criminal prosecutions of doctors without adequate medical opinion pointing to their guilt would be doing great disservice to the community at large
The Supreme Court declared on August 4, 2004, in Dr Suresh Gupta's Criminal Appeal [Appeal (crl.) 778 of 2004] that to sustain a prosecution for the offence under S. 304A of the Indian Penal Code (IPC), and to fix criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be so high that it can be described as 'gross negligence' or 'recklessness', not merely lack of necessary care. On those premises it quashed the criminal proceedings against Dr Gupta before they reached trial in the Magistrate's Court.
Until this judgment came out, a precedent was set by the decision of the Supreme Court dated February 4, 2004, in Mohanan v. Prabha G Nair and another (2004) CPJ 21(SC). In this case, a woman in the seventh month of pregnancy underwent medical intervention and delivered a dead child on the next day. She passed away three days later, while under medical care. The husband alleged in his police complaint that though he repeatedly asked for permission to remove his wife to a medical college hospital, the doctor advised against the shift saying that the patient had no serious problem and that everything would turn out all right. Subsequent events obviously proved otherwise.
Based on the opinion of the radiologist and the doctor who conducted the autopsy, the Criminal Court took cognisance of the offence punishable under S.304A of the IPC. The doctor petitioned to quash the proceedings invoking S. 482 of the Criminal Procedure Code, on the ground that there was no prima facie case. The concerned High Court held that the mere fact that a patient dies in a hospital does not lead to the presumption that the death occurred due to the doctor's negligence. To hold a doctor criminally responsible for a patient's death, it must be established that there was negligence or incompetence on the doctor's part, which went beyond civil liability. Criminal liability would arise only if the doctor did something in disregard to the patient's life and safety.
The Supreme Court, however, set aside the said High Court decision holding that the doctor's negligence could be ascertained only by scanning all material and expert evidence that might be adduced during the trial. The High Court was held not justified in quashing the complaint at the threshold invoking the special power under S. 482 of the Criminal Procedure Code as that would do away with a full-fledged criminal trial necessary for fixing criminal liability.
Relevant legal provisions
According to S. 304A of the IPC, whoever causes the death of any person by a rash or negligent act not amounting to culpable homicide shall be punished by imprisonment for up to two years, or by fine, or both.
According to S. 80 of the IPC, 'nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act, in a lawful manner, by lawful means and with proper care and caution.' In other words, if a person commits an act by accident or misfortune without a criminal intention, using lawful means and with proper care and caution, his action cannot be labelled a criminal offence.
Again, S. 88 of the IPC provides that nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. In other words, an act, not intended to cause death, and done in good faith and with the consent of the other party, cannot be labelled an offence even if it leads to the other party's death or disability. It may also be mentioned here that the word 'good faith' used here has a special meaning. It means an act done wih due care and attention.
Let us analyse the recent Supreme Court decision in the light of the legal positions stated above.
On April 18, 1994, Dr Suresh Gupta, a plastic surgeon, operated on his patient for removing a nasal deformity. Allegedly, he made an incorrect incision as a result of which blood seeped into the patient's respiratory passage leading to his immediate collapse and death. A case was filed against the doctor under S. 304A of the IPC. The anaesthetist who assisted Dr Gupta in the operation was also made co-accused; but he died while the trial was pending. The criminal proceedings therefore continued against Dr Gupta alone.
Rejecting Dr Gupta's plea for discharge without trial, the magistrate noted that according to the post-mortem report, the cause of death was 'blockage of respiratory passage by aspirated blood consequent upon surgically incised margin of nasal septum'; that the medical experts constituting the Special Medical Board set up for the investigation had opined that the blockage and aspiration of blood from the wound were not likely to arise if a cuffed endotracheal tube of proper size had been introduced before the operation and kept intact, and that the negligence in not taking this precaution justified further trial proceedings.
The Supreme Court did not agree to this. It has now held that to fix criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be so high that it can be described as gross negligence or recklessness and not merely lack of necessary care, attention and skill. Every careless act of a medical person cannot be termed 'criminal'. It can be termed 'criminal' only when doctors exhibit gross lack of competence or inaction, and wanton indifference to their patients' safety, as a result of gross ignorance or gross negligence. When a patient's death results merely from an error of judgment or an accident, no criminal liability should be attached to it. Mere inadvertence or some degree of want of adequate care and caution might create civil liability; but not criminal liability. It was held that but for this approach, the hazards in the medical profession which include civil liability would also unreasonably extend to criminal liability, and doctors would then be at the risk of landing up in prison, a result that would shake the mutual confidence between doctor and patient.
Based on these facts, the Supreme Court held that though the patient was a young man with no history of any heart ailment, the operation to be performed for nasal deformity was not so complicated or serious; and that the alleged lapse, i.e. the failure to introduce a cuffed endotracheal tube of proper size to prevent aspiration of blood from the wound in the respiratory passage, could not be described as a reckless or grossly negligent act as to make him criminally liable. Holding that such evidence was wanting, the doctor was acquitted without trial.
Were these findings not similar to those held by the High Court concerned, though in different words in Mohanan's case, but found unsustainable by the Supreme Court then? If the quashing of the charge with the observation that the doctor's negligence could be ascertained only by scanning the material and expert evidence that might be adduced during a prospective trial was not in order in Mohanan's case, how could the reason given for quashing charges in Dr Suresh Gupta's case be correct?
It appears that if the decision in Mohanan's case had been followed by the later Bench that decided Dr Suresh Gupta's case, the ultimate decision might have been different. Probably the earlier decision was not cited before the new Bench.
The impact of the judgment, though significant, may be short lived. The reason is that according to press reports, a Bench consisting of Justice Arijit Pasayat and CK Thakker, on or about September 9, 2004, has referred the question of medical negligence for determination by a larger Bench of the Supreme Court observing that the words 'gross, reckless, competence, indifference' etc. did not occur anywhere in the definition of 'negligence' under S. 304A of the IPC, and hence, they could not agree with the judgment delivered in the case of Dr Suresh Gupta. Thus the matter will come up for review before a larger bench of the Supreme Court any time now.
DASE is conducting an ONE DAY induction Training for Doctors at Trichy at 09:00 AM on 20-05-2007,in HOTEL ANNAMALAI,TRICHY.
Reg Fee:Rs.150/
Dr.Padmanaban, Director of Public Health and Preventive Medicine is taking class for Government Doctors.And more higher officials are coming to give more Lectures.
Dear Doctors,
Kindly vote for DASE Candidates in Tamil Nadu Medical Council Elections
Our Candidates are
- 9 - Dr.V.Jeevananth
- 15 - Dr.K.Muthukumar
- 19 - Dr.G.R.Ravindranath
- 24 - Dr.A.R.Shanthi
- 25 - Dr.R.Sunder
- 2 - Dr.D.Aram
- 17 - Dr.S.Rajan
IDPD NEWS LETTER
Dear Friend,
An international Preparatory Meeting for the 18th World Congress of IPPNW was held on 13th -14th January 2007 at Delhi. 53 persons, including representatives from Physicians for Social Responsibility- Nepal(PSRN), Srilankan Doctors for Peace and Development (SDPD), central council members of IDPD and special invitees attended the meeting. It was presided over by Dr. L S Chawla-President IDPD. Dr.Ime John-Co-President IPPNW, Mr.John Loretz-Programme Director IPPNW and Mr.Khagendra Dahal - International Students Representative addressed the meeting.
Members present expressed gratitude to the IPPNW board for endorsing the IDPD proposal to hold 18th World Congress of IPPNW at Delhi, first time ever in South Asia.
The meeting deliberated at length various issues related to the congress.
Following decisions were taken:
PROGRAMME PLANNING
Pre Congress Students’ Travel from Islamabad to Delhi
The student group will reach Wagah Border on 2nd March 2008.
2nd March 2008 Stay at Amritsar and visit to Historical Places
3rd March 2008 Meeting with students at the Government Medical College, Amritsar
Meeting at Jalandhar in the afternoon
Night Stay at Ludhiana
4th March 2008 Meetings at Ludhiana, Doraha, Khanna and Sirhind
Night Stay at Ambala
5th March 2008 Meetings at Ambala and Karnal
Arrival at Rajghat Delhi in the evening
STUDENT CONGRESS 7th & 8th March 2008
Venue YMCA Tourist Hostel , 1 Jai Singh Road, New Delhi.
Registration 6 March after 2.00pm at the venue of student congress
(This registration will include registration for the main congress as well)
MAIN CONGRESS 9th , 10th and 11th March 2008
Venue V.P.House, Rafi Marg, New Delhi
ACCOMMODATION
Hotels, YMCA, YWCA, International Youth Centre, Gandhi Peace Foundation and Indian Social Institute.
STATE LEVEL PREPARATORY MEETINGS
It was decided that meetings should be held in different parts of the country with a purpose to build campaign for the coming congress and to discuss mobilization for participation in the congress. Following meetings were planned.
Amritsar 25th February 2007
Patna 21st April 2007
Gaya 22nd April 2007
Delhi 26th April 2007
Agra 27th April 2007
Vijayawada 4th May 2007
Hyderabad 5th May 2007
Pondicherry 16th June 2007
Chennai 17th June 2007
Kolkatta August 2007
Imphal September 2007
Nagpur October 2007
Sri Nagar October 2007
Haryana October 2007
Rajasthan November 2007
PUBLICITY
It was decided to print a preliminary information poster and to send it to all units/members/medical colleges and other important technical institutions in the country.
BUDGET
An estimated budget of Rs.1.15 crores. Whereas about 40% of it would be met with registration fee from the delegates; rest of the budget has to be raised collectively by different units.
REGISTRATION
Registration will be open from 1st June 2007. An early registration is desired. Following registration fee was finalised for the Indian delegates.
Before 30th November 2007 After 30th November 2007
Doctors Rs.5000.00 Rs.6000.00
Students Rs.500.00 Rs.700.00
Accompanying Persons Rs.2000.00 Rs.2500.00
Formation of International, Regional, National and Student Organising Committees
- International
Dr Gunnar Westberg (Co-President)
Dr Ime John (Co-President)
Dr Ron McCoy (Immediate Past Co-President)
Dr Bjorn Hilt (Chairman of the Board)
Dr Alex Rozen (Co-Chairman)
Dr Kamrul H Khan (Regional Vice President)
Ms Ruth (ISR from Australia)
Mr Khagendra Dahal (ISR from Nepal)
Mr John Loretz (Convener)
Mr Michael Christ
Ms M Valenti
Dr L S Chawla
Dr Arun Mitra
Dr Jeetendra Singh
Ms.Ankita – NSR India
- Regional
Dr Kamrul H Khan - Convener
One More Doctor from Bangladesh
Dr L S Chawla
Dr Arun Mitra - Co Convener
Dr Mahesh Maskey
Dr Sharad Onta
Dr Bishwa Joshi
Dr Mrs Balasurya
Dr Asoka Hettiaracchhi
Dr Tipu Sultan
Dr Ali Afridi
Dr Jeetendra Singh
Mr Prakash Paudel
Mr Ashok Bhurthyal
Students from Bangladesh
Students from Sri Lanka
Students from Pakistan
Dr Yasmeen Rauf
Mr Abhinav Singh
Ms Ankita Chaudhary
Ms Suheir Khajuria
Mr Sandeep Sharma
Ms Sonali
Ms Syed Sehrish
- National Organising Committee
Dr L S Chawla - Convener
Dr Arun Mitra - Co Convener
Admiral Ramdass
Admiral Vishnu Bhagwat
Maj. Gen. (Ret.) Vinod Saighal
Mr Achin Vanaik
Mr Praful Bidwai
Mr Anil Chaudhary
Ms. Amarjeet Kaur
Dr Imrana Quadeer
Mr Ramesh Thakur from UNO
Mr Brij Mohan Munjal
Mr Sunil Kant Munjal
Mr Sunil Mittal
Dr.V.S.Reddy
Dr.Nara Singh
Dr S S Soodan
Dr M R Jape
Dr Navinder Singh Bawa
Dr Satyajit Kumar Singh
Dr R Senthil
Dr.Sanjeev Uppal
Dr.Yudhisthir Dass
Dr.Shakeel Ur Rehman
Dr G.R Ravindranath
Dr Janardhan Reddy
Dr.Bharti Uppal
Dr.Chourjeet Singh
Dr Shanthi
Dr Shakti Kumar
Dr.Abhay Gour
Dr Hayavadana Rao
Dr.Bharat Karia
Dr.H.H.Trivedi
Dr.R.S.Gunjal
Dr.V.Sadanandam
Dr Balbir Singh
Dr.Tej Ram Garg
Dr Sameer Malhotra
Major Dr Jeetendra Singh
Dr P.S.Barar
Dr Baldev Raj
Dr.M.K.Mahajan
Dr Karan Singh Chauhan
Dr Dharmendra Kumar
Dr.Tamara Gour
Dr Sajeed
Dr.Sudhir Dhakre
Dr Tejbir Singh
Dr Prakash Rao
Dr Vasundhra
Dr.Subhash Chakaraborty
Dr S L Shiohare
Dr Meenacshi Martins
Dr Sham Sunder Deepti
Dr K Srinath Reddy
Ms Ankita Choudhary (NSR)
Ms. Neha Venkatesh
Ms. Priyanka Sara
Ms Sonali
Ms Syed Sehrish
Ms. Suheir Khajuria
Ms Mamta Goswami
Ms Yasmeen Rauf
Mr Rishabh Kumar Rans
Mr Abhinav Singh
Mr Pradeep Karmanchi
Mr Sandeep Sharma
Mr.Amrendra Kumar
Dr Ajay Krishan
Dr Nandini Elangbam
Dr Naveen Raja
Dr B S Dahiya
Dr R B S Jakhar
Dr Anil Pathak
Dr Neelam Pathak
Dr Neeraj Mathur
Dr S Hukku
Dr Anil Anand
Dr Manjeet Sachdeva
Dr G M Malik
Dr Vinni Sandhu
Dr I B Singh
Dr Geeta Kurhade
Dr Arvind Kurhade
Dr Bharat Kaira
- Student Organising Committee
Khagendra Dahal
Ms.Ruth - ISR
Dr Caecilie Buhman
Dr Alex Rozen
Dr Satyajit Kumar Singh
Dr Jeetendra Singh
Students Representatives from Sri Lanka, Bangladesh, Nepal, Pakistan and India
FORMATION OF VARIOUS SUB COMMITTEES
- Registration
Dr Sanjeev Uppal – Chair Person
Dr S K Prabhakar
Dr Suheir Khajuria
- Finance
Dr Santokh Singh– Chair Person
Dr Bharti Uppal
Dr J A S Gill
Dr Satyajit Kumar Singh
Dr Tamara Gour
Miss. Noopur
- Accommodation & Transport
Mr.Jeetendra Kumar
Dr Sandeep Sharma
Mr Bhupinder Singh
Dr R S Gunjal
Dr I B Singh
Dr Dharmendra Kumar
- Catering
Dr Anil Pathak
Dr Neelima Pathak
Dr Vinni Sandhu
- Cultural
Dr Shakeel Ur Rahman
Dr Ravindranath
Dr Shanthi
Dr Balbir Shah
Dr Geeta Kurhade
- Souvenir
Dr Abhay Gour
Abhinav Singh
- Decoration
Dr N S Bawa
Dr S S Soodan
Dr G M Malik
Dr Subhash Chokraborty
Student volunteers
- Scientific
Dr Tejbir Singh
Dr Tejram Garg
Dr M K Mahajan
- Security
Dr Nandini Elanglam
- Volunteers
Dr Jeetendra Singh
Dr Yasmeen Rauf
Dr Ankita Chaudhary
Dr Neha Venkatesh
Ms. Kshma
- Publicity Committee
- Hospitality Committee
Dr.Nanadni Elangbam
Dr.Neelam Pathak
Mrs.Kamal Uppal
Mrs.Rita Singh
Mrs.Rita Rajbir Singh
Mrs.Kanchan Mehra
All IDPD units and members are earnestly requested to work hard from today itself to make the Delhi congress a memorable event.
Dr L S Chawla Dr Arun Mitra
President General Secretary
proposed to regularize the services of those who worked on contract basis through a Special Qualifying Examination
The following is taken from the Policy Note of Tamil Nadu Government, Department of Personnel and Administrative Reforms
(http://www.tn.gov.in/policynotes/pdf/P_and_AR.pdf)
In the year 2006-2007, 1477 Medical Officers have been recruited by the Tamil Nadu Public Service Commission. It has been proposed to regularize the services of 1055 Civil Assistant Surgeon who worked on contract basis through a Special Qualifying Examination to be conducted by the Tamil Nadu Public Service Commission. Further, it has also been ordered to recruit 290 Assistant Medical Officers and 16 Assistant Medical Officers (Dental) through the Tamil Nadu Public Service Commission.
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