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Wednesday, May 5, 1999

A new prescription

Anisha Shankar  
Since doctors came under the Consumer Protection Act in 1986, one of the biggest fears a doctor faces is being hauled to court by an angry patient. Between 1990 and 1999, according to statistics compiled by the Pune District Consumer Forum, 40 cases were filed with the forum against doctors.

This is a fact that Dr. Vidya Yerawdekar, honorary director, Symbiosis Centre of Health Care (SCHC), recognised when she invited Union Minister for Urban Development Ram Jethmalani to speak at a seminar on Medical Negligence and Consumer Forum for doctors in October 1997.

The response was overwhelming, with 400 doctors having attended the seminar. This led Yerawdekar to consider the possibility of running a regular course on the intricacies of the law for doctors. ``We began with the idea of weekend classes but,'' she says realistically, ``we realised that no doctor would attend. That is why we decided on a correspondence course.''

The course - the Post-Graduate Diploma in Medico-legal Systems - began in June 1998. ``We took time to gather legal advisors and doctors with an LLB degree who would write the modules. Each module covers different aspects of the law related to the medical profession,'' explains Yerawdekar.

The course is for one year, although there are only 10 modules. Some of the subjects that the modules deal with are labour laws for hospitals, medical ethics, functions of medical councils, insurance, Consumer Protection Act and medical negligence, mishap handling, police procedures and documentation and record keeping.

Each month, the students receive one module to study. After each module, they must complete a written assignment. ``These assignments are sent back to the Medico-legal Cell, SCHC, and in turn are passed on to professors at the Symbiosis Law College for an evaluation,'' she says. There are no examinations and performance is judged on the basis of these assignments.

The response has been encouraging, feels Yerawdekar, as 276 doctors have completed the course in one year alone. ``The response from Mumbai and Gujarat has been very good. Doctors from Delhi, Chennai and even Nagaland, especially army doctors, are doing the course,'' she says. She believes that besides the obvious advantage of making a doctor conversant with the law, this course makes them an essential addition to the hospital staff. ``Large hospitals, for example, would naturally want a chief medical officer who is familiar with the law, say, in the case of emergency and police procedures. This is an autonomous course.'' she adds.

But surely, it is possible that erring doctors could use their knowledge of the law to avoid punishment. ``Not really,'' says Yerawdekar, ``There are very few quacks about. We want doctors to be conscious, and therefore, more cautious. Gross negligence is gross negligence, no matter how legally aware the doctor is. The module on documentation, record keeping and consent will aid the doctor in keeping records which will help him or her in case of a litigation or to record their own mistakes.''

This month, they will gather for the first contact programme and the convocation ceremony. ``On May 8 and 9, we will have an interactive session between the authors of the modules and the students. Over the last few months, questions have already started coming in from students and have been passed on to the concerned people,'' says Yerawdekar. Justice S.C. Sen will inaugurate the programme and Daulatrao Aher, health minister, Maharashtra, will award the diplomas.

Doctors (and therefore, patients) as yet have the statistics on their side. Out of the cases heard so far, only three went against the doctor. Legally aware doctors and conscious consumers are good news all around for it will only raise the standards of health care available.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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