The Capital is usually the first happening place. But this time, it was one of the last. Last week, the Medical Council of Delhi was constituted. Till now, doctors in the Capital were being registered by the Indian Medical Council. The Medical Council of Delhi will register practitioners, entertain complaints against doctors and take disciplinary action against them, if found guilty. The council will also defend doctors in consumer courts against frivolous complaints.A complainant may approach the council if a doctor violates the code of ethics as formulated by the Medical Council of India under the Indian Medical Council Act, 1956. The code prohibits doctors from soliciting patients, and advertising their professional skills, affiliations, appointments and honours. There are exceptions, though. They can advertise the start of a practice, change of address, temporary absence from duty, change in the type of practice, and resumption of any other practice.
The code states unambiguously that a doctor is notobliged to treat each and everyone, but in an emergency, he should not withhold his services. Doctors are also required to tell patients about their fees clearly before rendering treatment.
Similarly, the patient, his relatives or close friends should be informed about a patient's condition so as to serve his best interests. And after starting a treatment, it is unethical for a doctor to withdraw without giving sufficient notice.
Besides, doctors are not permitted to run open shops for sale of medicine, and medical or surgical appliances on prescriptions written by other doctors. But providing medicines or appliances to a patient without exploiting him is permissible.
If there is a serious professional misconduct or an offence which implies a defect of character on the part of a doctor, the council may itself initiate an enquiry or do so on a complaint. Written and signed complaints should be addressed to the council. Anonymous complaints are not entertained. Complainants must state the grounds of thecomplaint, and make a declaration regarding the facts of the case.
Once a case is filed, the council will call the doctor for an explanation. During the hearing, both the medical practitioner and the complainant may be present. Evidence is presented, and witnesses examined before the council announces its verdict. The council may take disciplinary action against the guilty doctor or remove his name from its rolls. However, there is provision for an appeal.
Some offences may invite even penal action. These include adultery or improper association with a patient; signing of an untrue, misleading or improper certificate, notification report or document; performing an illegal abortion; publicising case details learnt during the course of investigations; performing an operation without the consent of the patient or his next of kin, or staking false claims about being a specialist. And in case a doctor does not exercise reasonable medical care or is negligent, the complainant, who has paid for the services, maysue him in a consumer court.
Since the nature of the dereliction of duty is the key to choosing the right redressal forum, most complaints should fall within the purview of the Delhi Medical Council. Now it's to be seen how effective the council is going to be. Of course, complainants need to give it a chance.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.