WHY IN NEWS?
A woman delivered her baby outside Hospital, in New Delhi name Safdarjung Hospital. As she was allegedly refused entrance by the Centre facility.
A clip of the happening went viral on social media platforms promoting the Union Health Ministry to see the matter. Nearby Women are seen standing circling the pregnant woman with the saree, covering her during the delivery few nurses are also seen near that woman.
The women’s relatives heard that the hospital refused to admit her, and she spend the whole night outside its emergency department. For now, the woman and a baby are admitted to the hospital and both are safe. As they are being treated by a senior doctor in a gynecology department.
The Delhi Commissioner for women issued a notice to the Safdarjung hospital seeking action on the matter by July 25.
SOME RECENT CASES
A woman delivered a baby on the road when she was being taken to a Community Health Centre on a bicycle in Shahjahanpur Uttar Pradesh.
A woman from the Kolhapur district, Maharashtra, labored the baby in a private vehicle after she was allegedly refused in admit to the Health Staff of Primary Health Centre (PHC) and the baby died. Hospital Alleged “women were having low hemoglobin and unhealthy.”
A woman delivered an undeveloped premature baby on the street after she allegedly refused treatment at the government hospital in Madhya Pradesh Bhind District.
MEDICAL NEGLIGENCE:
It is a major concern for the whole nation that ten people fall under medical negligence per minute and more than eleven people die per hour in the country due to medical laxness. 98000 people in the country lose their lives in a year because of medical negligence. Medical negligence can occur in different ways. Generally, it occurs when a medical professional deviates from the standard of care that is required.
304(a) IPC: Medical malpractice occurs when a Health Care professional or provider neglects to provide appropriate treatment omits to take appropriate action or gives the substandard treatment that causes harm injury or death to a patient.
Section 20 (a) of the Indian Medical Council Act, 1956: Malpractice or negligence normally involves a medical error. This could be in diagnosis, Health Management, medication dosage, treatment, or aftercare.
1. WRONG DIAGNOSIS:
If a patient is untreated accurately due to any blunder in diagnosis, the doctor will be responsible for any damage or injury caused as a result of the wrong diagnosis.
2. DELAY IN DIAGNOSIS:
A delay in diagnosis can cause excessive injury to the patient if the illness is left to worsen with time instead of being treated. Obviously if delayed in the identification and the medications of an injury can diminish the chance of recouping for the patient.
3. ERROR IN SURGERY:
The Wrong side surgery, laceration of any severe blood loss, internal organ, or an outer object being left in the body of the patient, wholly relies on surgical error.
4. CHILDBIRTH AND LABOR MALPRACTICE:
Childbirth is a difficult event for a woman and it turns worse if not handled properly by the doctor and other staff. There are many instances of medical negligence in the course of childbirth, complications with labor misdiagnosis of infant medical condition, etc.
PATIENCE RIGHT:
In India, there are where are legal provisions related to the patient’s rights which are scattered across different legal documents such as:
(a) The Constitution of India Article 21
(b) Indian Medical Council (Professional Conduct Ethics and Ethics) Regulation 2002
(c)The consumer Protection Act 1986 (d) Drugs and Cosmetic act 1940
(e) Clinical Establishment Act 2010 etc
BASIC RIGHT:
1. RIGHT TO EMERGENCY MEDICAL CARE:
The Supreme Court held hospitals in the government and in the private sector duty bound to provide basic emergency medical care. Such care must be initiated without asking for payment advance and irrespective of paying capacities.
2. RIGHT TO NON DISCRIMINATION:
Each patient has the right to receive treatment without any discrimination based on his or her illness or condition including HIV status or other health conditions religion cast ethnic gender age sexual orientation linguistic or geographical social origin.
3. RIGHT TO SAFETY AND QUALITY CARE ACCORDING TO STANDARDS:
To provide security to the hospital premises they have the right to be provided with care in an environment with requisite cleanliness infection control measures and safe drinking water as per BIS FSSAI standards and sanitation facilities.
4. RIGHT TO BE HEARD AND SEEK REDRESSAL:
Every patient and their caregivers have the right to give feedback, comments, or lodge complaints about the Healthcare they are receiving or had received from a doctor or Hospital this information is simple and user-friendly manner.
JUDICIAL INTERVENTION:
In the case title of “Rudal Shah v State of Bihar, 1983” and “Nilabati Behara V. State Of Orissa, 1993”, It was held by the court that Article 21 of the Constitution imposes an obligation on the state to safeguard the life of every person. Failure on the part of the government hospital to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21.
It was also held that failure to provide adequate medical attention emergency deprivation of constitutional rights guaranteed under Part 3 of the Constitution that we awarded by the court for such violation by way of redress Article 32 and 226 of the Constitution of India. The Hon’ble Supreme Court Granted compensation to the petitioner.
Image Source: PIXNIO
💫FOLLOW US FOR MORE UPDATES. ❌WE DO NOT HAVE IRRITATING AND SPAMMY NEWSLETTERS. ✅EVERYTHING IS AND WILL BE FREE FOREVER. SEE YOU AGAIN IN YOUR STORIES AND FEED 🙂
