Chennai: Stating that lack of proper healthcare laws was affecting the functioning of medical professionals, experts have urged the Central Government to pass the Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill 2012 immediately.
Inaugurating a meeting ‘8th Annual Medico Legal Review’ organised by Institute of Medicine and Law, senior legal consultant, CMC, Vellore, Samuel Abraham requested the Centre to amend healthcare laws. He said appropriate laws and procedures relating to healthcare profession were not enacted by Parliament. “There is a vacuum . As a result, medical professionals are not free to perform their duty and they are functioning with fear”, he said.
He said in the absence of suitable health laws, the medical profession was kept in the dark. Laws are not clear regarding treatment provided to terminally ill patients. The Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practice) Bill 2006, which was drafted by Law Commission and revised in 2012 has not been not enacted so far.
Mahesh Vakamudi, Chief Operating Officer, Sri Ramachandra Medical College and Hospitals, Chennai, said efforts must be made to reduce the medico-legal claims. Supreme court advocate Vaishnavi Subrahmanyam said Punjab leads the country in litigation relating to medical negligence with 24 per cent, followed by West Bengal with 17 per cent, Maharashtra 16 per cent, Tamil Nadu 11 per cent, Chhattisgarh 6 per cent and Kerala with 6 per cent.
Supreme court advocate, Mahendrakumar Bajpai, said cases alleging diagnostic failure doubled in 2015. While courts were hesitant in holding healthcare providers negligent, they seek clear and convincing evidence from patients in medico- legal claims.
