To,
The Hon’ble Prime Minister of India And,
It’s Cabinet Minister’s and Health Minister,
And Other Hon’ble Members of Parliament.
And it’s concerned deputed Public Authorities,
All working for Government of INDIA, New Delhi.
ART. 350 THE CONSTITUTION OF INDIA 1949
COMPLAINT AGAINST “EMERGENCY DUTY DOCTOR”
OF STATE ON DATED 14-October-2016.
SUBJECT:- “Government Some Doctor not treat patient with due diligence and Care and conduct a voluntary negligence and self-made wrong practice and Rules to treat the patient and people of the District and people of India in wrong side without extreme Care with honest as “Hippocratic Oath” (hereinafter referred as ‘Oath of allegiance’) they took before joining Medical Profession.”
RESP. SIR!
PARA 1:- That I Mr KK Agarwal Advocate a practicing lawyer of area region Delhi, Saharanpur and Muzaffarnagar and may live on the below address given in the Complaint. That this complaint is a self-observed day to day activities in District Hospital and after that what I observed and found report to the very legal and concerned authorities against the some lazy and negligence doctors who in public making cheating in their profession in the name of doctors and their services for the People of India.
PARA 2:- That on dated 14-october-2016 I have a patient of mine name Kum Kum Goel age 47 , Female may bring in the District Hospital of City Muzaffarnagar as she has been suffering from High fever and pain in stomach and mind for starting off the basic treatment may start from the appointed in-charge and doctor on “Emergency Services” at his seat. That he is wearing round spectacles and have slim body and fair complexion. That the name on the Desk of the Emergency Doctor is missing neither he is in dress code compulsory for the Doctors to wear for dignity and decorum to show in public in treating the patients and the Hippocratic Oath (Oath of Allegiance) they took joining in the Medical profession. That I address my problem at the time of 1:00 PM to him but he refused to hear, neither nor he check the hand of the patient, neither he make an emergency admit paper for admitting her, neither he refer on the Hospital refer to the senior doctor to see immediately this patient as her life on the Risk. That I also ask his good name he refused to give and his supporting Staff also not hear to my patient problem. Then I went to the CMS Office P.K.Agarwal where he was not found after that I went to the CMS Office area they told that in Operation Theater which is false reported that the CMS is made for administration and not for daily surgery. I several times in past also found that when the CMS not found they have crammed one answer in meeting or in operation theater. This is the First loop hole where the problems of maladministration was started off for voluntary medical negligence. That I then came to home with my Patient and give her basic treatment by my own and some private doctor concerned by myself. That I called to the CMS P.K. Agarwal on dated 1:16 PM 9454455282 from my number KK Agarwal (09319365499) and told about all the issues to him I faced off and about the Medical Council Act for every doctor to follow he said what you are telling my Emergency Doctor says right and he not provide any resolution on this problem I get. Then I reported the matter to City Magistrate Muzaffarnagar he refer my complaint to the District Hospital CMS and say let the report comes which if might come the CMS may turned the whole true facts into their alibi and false reporting for saving his life and his Emergency Doctors and other District Hospital what they are doing and shifted his blame on the patient and to me.
PARA 3:- That again in the night I want to check that now may another doctor in-charge who daily may after 8:00 PM shifted in roster may has same modus operandi in daytime as happened to me he does. That I went to again same District Hospital Muzaffarnagar with the “Emergency Departments” at 11:00 PM on dated 14-10-2016 and found that the concerned doctor is not in his assigned chair and the supporting men Staff himself managing services of compounder alike a doctor. That I ask to him which doctor is in-charge he told that doctor is busy somewhere tell me what you want to I told that my patient is suffering extreme from High fever, Stomach Pain and Headache and can you admit to her, he refused to admit and said only the doctor of Room No.1 Dr Atre a Senior Physical may see. That after that with the help of local police I enquired that in the Day time Dr. Sanjeev Ranjan of Mind sat at Room No.3 generally was in-charge and in in night Dr Harish specialist of Skin was incharge. That it shows that the District Hospital is just functioning alike a dummy Hospital and the mostly people not getting 24 * 7 days treatment in this Hospital. That any type of Doctor on their daily Roster has put for day and night time and then that doctor for getting proper treatment to each and every patient and mostly refused in just one shot when they come and only just accident and injuries case and police case were tackling in this pathetic District Hospital of running by the U.P Government in the aid of the Central Government of India.
That the deputed all doctors of District medical Hospital also not wear their Official dress with their endorsed official names and State Medical Council Registration numbers on their prescripttttion and treatment paper and wearing their official white dress code missing and that why they have no fear of identifying them and no duly action might be taken against them on any wrong treatment and insufficient treatment or denying to give treatment to the patients with their relative and attendants come with the patients for seeking medical help and treatment on the first look prima facie.
PARA 4:- That now this is I say 100 percent efficiency of Indian medical Doctors how they are treating the mankind human work towards their doctor bounden duty and oath of Allegiance they took before joining the Medical profession. That when people of Indian treated in this way then how our human society will work to tackle the disease in these kind of District Government Hospital. That the Public money which these doctors are getting right now, plus pension after retirement are going all in vain as the doctors only concerned about their Health and Wealth and the People of India who has suffering from ailments and medical problems go to hell or may die or may suffered to death with these diseases. That I address much now comes what our Law says and whether these District Hospital are doing their work according to the Rules and law of India:-
THE INDIAN MEDICAL CENTRAL COUNCIL ACT 1956.
26. Professional conduct
(1) The Central Council may prescribe standards of professional conduct and etiquette and a code of ethics for practitioners of Indian medicine.
(2) Regulations made by the Central Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.
35. Power to make rules
(1) The Central Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
+ Code of Ethics Regulations, 2002 +
[NOTIFICATION, New Delhi, dated 11th March, 2002]
No. MCI-211(2)/2001/Registration. In exercise of the powers conferred under section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous approval of the Central Government, hereby makes the following regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners, namely:-
Short Title and Commencement:
1. These Regulations may be called the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002.
2. They shall come into force on the date of their publication in the Official Gazette.
CHAPTER I
1. CODE OF MEDICAL ETHICS
A. Declaration:
Each applicant, at the time of making an application for registration under the provisions of the Act, shall be provided a copy of the declaration and shall submit a duly signed Declaration as provided in Appendix 1. The applicant shall also certify that he/she had read and agreed to abide by the same.
B. Duties and responsibilities of the Physician in general:
1.1 Character of Physician (Doctors with qualification of MBBS or MBBS with post graduate degree/ diploma or with equivalent qualification in any medical discipline):
1.1.1 A physician shall uphold the dignity and honour of his profession.
1.1.2 The prime object of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration. Who- so-ever chooses his profession, assumes the obligation to conduct himself in accordance with its ideals. A physician should be an upright man, instructed in the art of healings. He shall keep himself pure in character and be diligent in caring for the sick; he should be modest, sober, patient, prompt in discharging his duty without anxiety; conducting himself with propriety in his profession and in all the actions of his life.
1.1.3 No person other than a doctor having qualification recognised by Medical Council of India and registered with Medical Council of India/State Medical Council (s) is allowed to practice Modern system of Medicine or Surgery. A person obtaining qualification in any other system of Medicine is not allowed to practice Modern system of Medicine in any form.
1.2 Maintaining good medical practice:
1.2.1 The Principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion. Physicians should try continuously to improve medical knowledge and skills and should make available to their patients and colleagues the benefits of their professional attainments. The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. The honoured ideals of the medical profession imply that the responsibilities of the physician extend not only to individuals but also to society.
1.2.2 Membership in Medical Society: For the advancement of his profession, a physician should affiliate with associations and societies of allopathic medical professions and involve actively in the functioning of such bodies.
1.2.3 A Physician should participate in professional meetings as part of Continuing Medical Education programmes, for at least 30 hours every five years, organized by reputed professional academic bodies or any other authorized organisations. The compliance of this requirement shall be informed regularly to Medical Council of India or the State Medical Councils as the case may be.
1.3 Maintenance of medical records:
1.3.1 Every physician shall maintain the medical records pertaining to his / her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.
1.3.2. If any request is made for medical records either by the patients / authorized attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.
1.3.3 A Registered medical practitioner shall maintain a Register of Medical Certificates giving full details of certificates issued. When issuing a medical certificate he / she shall always enter the identification marks of the patient and keep a copy of the certificate. He / She shall not omit to record the signature and/or thumb mark, address and at least one identification mark of the patient on the medical certificates or report. The medical certificate shall be prepared as in Appendix 2.
1.3.4 Efforts shall be made to computerize medical records for quick retrieval.
1.4 Display of registration numbers:
1.4.1 Every physician shall display the registration number accorded to him by the State Medical Council / Medical Council of India in his clinic and in all his prescripttttions, certificates, money receipts given to his patients.
1.4.2 Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognizes any exemplary qualification/achievements.
1.6 Highest Quality Assurance in patient care: Every physician should aid in safeguarding the profession against admission to it of those who are deficient in moral character or education. Physician shall not employ in connection with his professional practice any attendant who is neither registered nor enlisted under the Medical Acts in force and shall not permit such persons to attend, treat or perform operations upon patients wherever professional discretion or skill is required.
1.7 Exposure of Unethical Conduct: A Physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession.
1.9 Evasion of Legal Restrictions: The physician shall observe the laws of the country in regulating the practice of medicine and shall also not assist others to evade such laws. He should be cooperative in observance and enforcement of sanitary laws and regulations in the interest of public health. A physician should observe the provisions of the State Acts like Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985; Medical Termination of Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Mental Health Act, 1987; Environmental Protection Act, 1986; Pre–natal Sex Determination Test Act, 1994; Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; Persons with Disabilities (Equal Opportunities and Full Participation) Act, 1995 and Bio-Medical Waste (Management and Handling) Rules, 1998 and such other Acts, Rules, Regulations made by the Central/State Governments or local Administrative Bodies or any other relevant Act relating to the protection and promotion of public health.
CHAPTER 2
2. DUTIES OF PHYSICIANS TO THEIR PATIENTS
2.1 Obligations to the Sick
2.1.1 Though a physician is not bound to treat each and every person asking his services, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties. In his treatment, he should never forget that the health and the lives of those entrusted to his care depend on his skill and attention. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients. A physician advising a patient to seek service of another physician is acceptable, however, in case of emergency a physician must treat the patient. No physician shall arbitrarily refuse treatment to a patient. However for good reason, when a patient is suffering from an ailment which is not within the range of experience of the treating physician, the physician may refuse treatment and “refer the patient to another” physician.
2.1.2 Medical practitioner having any incapacity detrimental to the patient or which can affect his performance vis-à-vis the patient is not permitted to practice his profession
2.2 Patience, Delicacy and Secrecy: Patience and delicacy should characterize the physician. Confidences concerning individual or domestic life entrusted by patients to a physician and defects in the disposition or character of patients observed during medical attendance should never be revealed unless their revelation is required by the laws of the State. Sometimes, however, a physician must determine whether his duty to society requires him to employ knowledge, obtained through confidence as a physician, to protect a healthy person against a communicable disease to which he is about to be exposed. In such instance, the physician should act as he would wish another to act toward one of his own family in like circumstances.
2.3 Prognosis: The physician should neither exaggerate nor minimize the gravity of a patient’s condition. He should ensure himself that the patient, his relatives or his responsible friends have such knowledge of the patient’s condition as will serve the best interests of the patient and the family.
2.4 The Patient must not be neglected: A physician is free to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving adequate notice to the patient and his family. Provisionally or fully registered medical practitioner shall not willfully commit an act of negligence that may deprive his patient or patients from necessary medical care.
CHAPTER 4
4. RESPONSIBILITIES OF PHYSICIANS TO EACH OTHER
A physician should consider it as a pleasure and privilege to render gratuitous service to all physicians and their immediate family dependants.
4.2 Conduct in consultation : In consultations, no insincerity, rivalry or envy should be indulged in. All due respect should be observed towards the physician in-charge of the case and no statement or remark be made, which would impair the confidence reposed in him. For this purpose no discussion should be carried on in the presence of the patient or his representatives.
CHAPTER 7
7. MISCONDUCT :
The following acts of commission or omission on the part of a physician shall constitute professional misconduct rendering him/her liable for disciplinary action
7.1 Violation of the Regulations: If he/she commits any violation of these Regulations.
7.2 If he/she does not maintain the medical records of his/her indoor patients for a period of three years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient or his/her authorised representative makes a request for it as per the regulation 1.3.2.
7.3 If he/she does not display the registration number accorded to him/her by the State Medical Council or the Medical Council of India in his clinic, prescripttttions and certificates etc. issued by him or violates the provisions of regulation 1.4.2.
|
CHAPTER 8 |
|
APPENDIX - 1 DECLARATION At the time of registration, each applicant shall be given a copy of the following declaration by the Registrar concerned and the applicant shall read and agree to abide by the same:
I make these promises solemnly, freely and upon my honour. |
…. Signed before getting License to practice as Doctor.
PARA 5:- Now! What’s the meaning of Word “Emergency Department” in each and every District Hospital under medical terminology till today:-
A “medical emergency” is an acute injury or illness that poses an immediate risk to a person's life or long-term health. These emergencies may require assistance from another person, who should ideally be suitably qualified to do so, although some of these emergencies such as Cardiovascular(Heart), Respiratory, Gastrointestinal cannot be dealt with by the victim themselves. Dependent on the severity of the emergency, and the quality of any treatment given, it may require the involvement of multiple levels of care, from first aiders to Emergency Medical Technicians and emergency physicians.
A medical emergency is, “the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in: placing the patient’s health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.”
The purpose of any Emergency Department is to save lives. An emergency is any medical problem that could cause death or permanent injury if not treated quickly. Severe pain in some instances can also be a medical emergency, such as the pain associated with kidney stones or appendicitis.
Some examples of medical emergencies are:-
· Chest pain accompanied by sweating, nausea, vomiting, shortness of breath, radiating pain that moves to the arm or neck, dizziness, or feeling that your heart is beating irregularly or too fast
· Choking
· Severe bleeding that doesn't stop after 15 minutes of direct pressure
· Fainting
· Broken or displaced bones
· Swallowing poison
· Burns
· Suddenly not being able to walk, speak, or move a portion of your body
· Shortness of breath or difficulty in breathing
PARA 6:- That several times I heard in the print Media that the Government District Hospital of Uttar Pardesh in every District has did same type of misconduct activities and that why the several patients lost their loved ones for not getting treatment on time or denying treatment to give or give insufficient treatment to the suffering patients. That the deputed doctors think that this is daily a routine task of patients to come why to make extreme care and get botheration let them suffered and leave them on their own fate and destiny. That due to this the heart of various doctors get dried and turned to like a Stone and has no effect on any voice and shooting pain raised by any person in the India. They are adamant what they are doing and if someone make an issue or address complaint or take any action anyone of them make a Union and Strike of all same doctors who agree to this unprofessional and misconduct approach and stop all kinds of services to give any people of India till their deadly wishes and desires are not fulfilled by the State and Central Government of India. That if this is the correct path of the doctors then kindly delete these all laws and Rules and the all acts relate to doctors so that the doctors get more immunity and privilege in their daily work and increase their Government Salary according to their unlimited wishes and desires and give them what they want and full freedom so that the people of India who are suffering from injuries and diseases may self-own die without getting only rely on doctors of District Government Hospital to may complain of day to day.
PARA 7:- That I have made this public complaint so that the bad activities and wrongful & immoral methods and procedure which are entered in our human veins may know my every people of India that how our medical systems works and what we are doing in the human world thru our health system. That In India mostly people have do day to day get effected by voluntary negligence and profession misconduct in their job or business or profession but I had never found till today as I face off this problem effect to me deep down into which anytime the death may cause in any moment for not getting treatment on time. The Police, Judges, lawyers and state and central Government administration and other people might do any voluntary negligence and general unseen misconduct daily but that cannot take death but here if on right sharp time and duly treatment not get then outright death and loss of any human life surely may occurred. I wrote which I am capable to write and now it is upon you what you give to people of India thru this complaint addresses to various authorities of State and Central Government of India and its departments relate to health and administration and other concerned person relate to this virus of inefficiency & deficiency of Doctors in the treatment of the people of India suffering from various ailments and diseases.
+ MAIN PRAYER+
That I have now making humble request to you and make new and necessary changes in our medical system and its loopholes on the above noticeable facts mentioned in Para 1 –to- Para 7:-
A. That kindly make special mandatory orders and notifications to each and every doctor in Private or in District Government Hospital to provide do needful treatment to the very poor to rich class of person without the professional misconduct and voluntary medical negligence on any kind of patient and attendants come with the patients. That sit daily with prescribed time and on official dresses and refer the patient on their first prescripttttion to another doctor if he is unable to deal in the severe problem of patients by giving basic and necessary patients as first Emergency comes to him;
B. That all the District Hospitals and Central and State Hospitals may admit any kind of patients accessing to their Hospital premises and start off to give immediate treatment till second alternative the patient not get by the another Hospital and doctor of that area they get it easily to move from one place to another without causing any inconvenience to them;
C. That pass visible order to each and every Doctors to wear their official dress code and make their Self name named plates affixed on their dress code and marked their Registration number on their name plates and if specialist then that also on their name plates ;
D. That kindly direct to follow all the legal laws as mentioned in our Indian laws under Medical Council Act and Code of Ethics Regulations, 2002 and remember daily the Hippocratic Oath and Oath of Allegiance they took before joining the medical profession before starting off daily with handling the Patients in their supervision and get in touch and contact.
E. That legal action must be taken for breaching the said acts if reported my any person against any doctors or medical Staff in deficiency of services given by them or denying not to give them;
F. That kindly make two kind of “Emergency Services” and two separate doctors of each “Emergency Services department” each department having one Specialist in General Physician and second one always a permanent trauma specialist & surgeon and being all-rounder in all kinds of problem relate to any kind of body symptoms and diseases the patients suffering from with other supporting senior staff of both man and woman and other junior assisting doctors in 24 *7 days a week always with two doctors deputed in emergency department;
G. That any other kind of Relief or precept which the U.P Government and our Central Government or the Hon’ble Supreme Court of India or the State High Court or any other Public authority may also pass such kind of relief which is extreme necessary for the people of India and the patients suffering from diseases in India and comes to seek medical treatment to the Doctors of the various Government Hospitals and in private clinic daily and get victimized somewhere of professional misconduct and Voluntary negligence on behalf of wrong and unethical approach applying to the patients daily.
H. That in last what the District Hospital of Muzaffarnagar did may take legal or harsh action on liable and culpable staff or concerned doctors who not take the case of me on right time and provide medical treatment to my suffering patient.
Dated:-14-October-2016 Complainant:-
Mr. K.K Agarwal Advocate,
210 South Civil Lines, Bulletin Colony
Muzaffarnaagr – 251001, Uttar pardesh
INDIA.
Mb:- 09319365499, 9917002956,
