Decriminalising medical negligence
Context:
- Recently, Union Home Minister announced in Parliament that doctors will be exempted from criminal prosecution in cases of death due to medical negligence.
- According to Section 106(1) of the Bharatiya Nyaya (Second) Sanhita (BNSS) the provisions are set replace the Indian Penal Code that doctors will continue to face a two-year imprisonment and/or a fine if convicted.
- This is lesser than the BNS’s recommended punishment of five years for other cases of death by negligence (like by rash driving).
More on the news:
- Home Minister claimed that the Indian Medical Association (IMA) which is the largest representative body of doctors in India, had requested for an exemption from criminal prosecution in the case of Medical negligence.
- The IMA also made a submission to the Parliamentary Standing Committee on the BNSS.
- According to the submission by the IMA, it is reported that around 98,000 deaths per year due to medical negligence.
- But there are nearly52 lakh medical negligence cases filed against doctors hampering the mental peace of doctors.
- Apart from that, the IMA asked that a law criminalising violence against doctors should be included in the BNSS as 75% of doctors and paramedics face violence.
- The IMA also asked in its submission that the BNSS may make a clear distinction between medical “negligence” and medical “accident”.
- As per IMA, Negligence would refer to a “reckless”, “conscious and voluntary disregard of the need to use reasonable care” on part of the doctor.
- However “accident” refers to sudden and unexpected deaths of patients under medical care without conscious intention to harm on the part of the doctor.
- But, the BNSS in its current form has not made any distinction between medical negligence and accident.
- But, it is being said that several existing clauses in the BNSS may offer protection to some doctors from criminal prosecution.
- For example clause 26 provides an example of acts which are done in “good faith” are exempted from criminal prosecution.
