The other side of assaults on doctors: Zero convictions
Complementing the rising number of attacks on doctors by patient’s kin is another fact- the dismal number of convictions in these cases.
For instance, as per a Time of India report, 53 doctors have been attacked in the last two years, but not even a single conviction has happened.
As for the assaults themselves, even though the Doctors’ Protection Act 2010 has stringent provisions, it’s not used widely by the cops in instances of violence against doctors. As per the Act, any violence against a doctor in a medical care institution is non-bailable. It also includes provision for three years imprisonment and a fine of Rs. 50,000. The Act also stipulates that the attackers must pay twice the compensation for damage caused to the institution.
Apathy from the law continues to be pointed out by many- the recent instance involves the accused arrested for the recent assault at Sion Hospital being released on bail in just 24 hours. Some doctors are demanding his re-arrest.
Another related aspect pointed out by Dr Parthiv Sanghvi, state secretary, IMA is that deans of government hospital usually have funds at disposal to hire private security. However, it’s not completely utilized.
Given the recent spree of attacks, doctors are asking for even more security measures. Resident doctors demand that the patients’ relatives should be screened before they are allowed into sections where critically ill patients are kept.
2015 KEM case still pending
While the assault in Sion Hospital has prompted doctors to boycott work, it’s only the latest in a series of similar attacks. Many of those cases are pending.
One such case is related to the incident in 2015 in which three doctors at the KEM hospital, Mumbai were attacked by relatives of an infant who died from dengue. The mob allegedly beat up the doctors with iron tables, chairs and wooden sticks.
Two years later, the case is still pending in the sessions court. “The family filed a counter case against us, alleging we assaulted them,” says Dr. Suhas Chowdhary, one among the attacked doctors. He is presently a lecturer at the Government Medical College in Aurangabad and continues to feel unsafe in his profession. “Obviously we feel unsafe, because the problems such as lack of security continue to persist,” he says. His fears couldn’t be said to be baseless – an intern was allegedly assaulted by patient’s kin in his own institute recently.
According to Dr. Yash Kabra, President of Central Maharashtra Association of Resident Doctors (MARD), “As many as 45 cases have been registered in the last three years under the Doctors’ Protection Act. So far, not one case has reached the stage of conviction.”
The duration of imprisonment upon conviction, as stipulated by the Doctor’s Protection Act is three years. “Unless the prison term is increased to a period of 7 years and above, this law will remain weak,” Dr. Kabra says. The doctor adds that security measures in hospitals are hardly adequate since the guards are hired only on temporary basis.
Another victim of the 2015 assault, Dr. Punit Garg continues to practise at KEM. “We do feel threatened. But I don’t see a pattern. I love treating my patients and children. I don’t want to engage in generalizations based on one incident,” says Dr. Garg. But the doctor is among the ones who went on leave as protest against the attack at Sion Hospital. The doctor too agrees with Dr.Kabra’s idea of rising the imprisonment to a minimum of 7 years. “When we inform the relatives of the absence of certain facilities, we are at the receiving end of their anger. We become scapegoats in this situation. It is an attack on the profession itself,” says Dr. Garg.
As for the question of a communication gap existing between the doctors and patients, Dr. Kabra says, “The doctors try their best to address the concerns of families. But they are overworked. Patients come in with too many relatives. There can be better communication if the rule of two relatives per patient is implemented, thus reducing the chances of a mob.”
Image credits: vice.com