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The State of Medical Crimes in India


Author- C. Naveen Kumar

Designation- B.Com LL.B, School of Excellence in Law

Contact - 956*******

E-mail- naveen.rtr09@gmail.com


MEDICAL CRIMES IN INDIA

INTRODUCTION:

Doctors are considered as life savers and many consider them as God in human form. In the olden days, people who learnt medicine were accurate in giving treatment and they were mindful about curing patients rather than to earn money, but later on this profession has lost its purity. In modern times, doctors who treat patients are wholly money minded and their primary aim is to earn money whereas their secondary aim is to cure patients. Even if a disease can be cured within two days, the doctors tell them to take various tests and to get admitted for full master check up for a week and give them the bill which a common man could not have thought throughout his lifetime. In real time they resemble the devil in human forms.


Every individual in the society is greedy towards money, but if life saving doctors become greedy how will individuals survive in the society is a matter to be discussed and still debatable. In recent times we have come across various news happening in the hospitals like organ stealing by making patients brain dead, killing humans who are orphans are stealing their insurance money, inserting another person’s serum into a woman’s body through artificial insemination, sexually harassing and raping the sick patients etc. It is totally disheartening to come across these news and also it is terrifying to step into hospitals.

Doctors can be phrased as “once a life saver now a life taker”.

CRIMES RELATED TO MEDICAL FIELD:

There are various crimes happening in the field of medicine. Some of them are explained below.

Organ theft-

The kidney scandal and other human organs scandals came into light in India in January 2008, in the state of Gurgaon and certain parts of Delhi. Mostly poor sections of the society fall as victims to these organ thefts and their organs are selled in various foreign countries for millions of rupees.


Bribing doctors-

Various patients who are sick and suffering from various diseases are given to various foreign doctors to check their foreign medicines before letting those medicines out in the market. These foreign doctors pay huge amounts of money as bribes to our Indian doctors and they test those powerful medicines on the sick people which lead to the death of many innocents. Even in certain accident cases by accepting bribes they change the post-mortem report of the deceased and make the criminals escape.


Intoxicating various drugs for testing-

Doctors intoxicate the patients with various foreign drugs and check which is suiting the body, which has led to many disablement of patients.


Negligence in treating patients-

Medical negligence has reached its peak during the recent times. Every day around 3 out of 10 patients are killed because of the doctor’s negligent behaviour. Doctors take utmost care over the rich patients and forbid the needy and the downtrodden section in the society, they treat them so badly which results in their death.


In the case of C.P. Sreekumar (Dr.), MS Ortho, V. S. Ramanujam,

The respondent got a hairline fracture of the neck of the right femur because of a motorcycle hit. The doctor instead of doing internal fixation procedure set out to do hemiarthroplasty which made the respondent sit in a place for 1 year and he lodged a complaint on the doctor and the court awarded the due compensation.


Even there have been various cases in which the doctors in their absence have kept the scissors inside and have operated or have cut the wrong nerve leading to the patient's death. Even negligence is treated as a crime committed by the doctor.


LEGAL PROVISIONS RELATING TO MEDICAL CRIME:

Many laws have been enforced to eradicate crimes in the medical field and also to punish the wrongdoers. The legal provisions are as follows:

  1. For cheating the patients section 420 of IPC can be imposed and the doctors are liable to be imprisoned for a period of 7 years.

  2. Section 471 of IPC imposes punishment for forgery in the medical field.

  3. Section 26A of the Drugs and Cosmetics act, 1940 imposes punishment to those who sell unsafe drugs or injects it into some other person.

  4. Section 312 of IPC imposes punishment on those who intentionally causes miscarriage for woman.

  5. The transplantation of human organs act, 1994 imposes punishment on those who steal organs and do trade without the consent of the giver.

Apart from these penal provisions the central government and state government has enacted the Indian medical council act, 1954 and the State medical council act respectively to check on the medical fields and to make sure that no crime takes place.


CONCLUSION:

Even though there are various checks in the field of medicine by various laws, acts and provisions still crime is happening in the hospitals and the individuals do not feel safe to go to hospitals. Stringent punishment and laws must be imposed on those doctors and hospital authorities who commit such heinous crimes so that the crime rate will reduce. Thus hospitals are considered to be a sacred place and doctors are respected by each individual in the society. It is because of certain doctors or hospitals that the medical field has lost its purity. Hence proper laws should be framed for the safety of individuals in the society.




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