Female private parts test by a male doctor
Guest
(Querist) 03 February 2014
This query is : Resolved
Dear All,
My wife went to a diagnostic center for a ultrasound test for lower abdomen. But the doctor at the diagnostic center advised her to have Trans-vaginal scan along with the ultrasound. She agreed to this not being aware of what this test will involve. In this test a female attendant removed her clothes and inserted the vaginal probe (a plastic rod) in her vagina. Then to her surprise, the male doctor came and moved vaginal probe in her vagina for around 10 minutes without covering her body with cover/sheet.
I eagerly want to know that whether there is any law/regulations in place which require hospitals to describe the patient the test to be conducted and ask the patient that whether she wish to have the test conducted through the female doctor or other regulations for conducting tests relating to female private parts.
Further, what action can be taken against this diagnostic center?
Devajyoti Barman
(Expert) 03 February 2014
While making such tests if your wife was not physically molested then it is perfectly alright.
Your wife should have protested when her body was not getting covered. now it is too late to raise such issue.
Guest
(Expert) 03 February 2014
It was incumbent upon your wife to object on test by a male doctor then and there. If the doctor has done anything else than his duty of clinical test your efforts to book him will toally be futile, except creating trouble for the doctor for the time being and waste of your own time and money.
malipeddi jaggarao
(Expert) 04 February 2014
You have stated
"But the doctor at the diagnostic center advised her to have Trans-vaginal scan along with the ultrasound."
How you have followed the advice of diagnostic center to go for some other scanning than that of prescribed?
You can ask your first doctor who referred for ultra sound test and ascertain whether the advice of diagnostic center is in the interest of the patient or not.
If it is not, you can take up with the diagnostic for such suggestion and the way conducted the test by a male doctor and take them into task.
As far as proceeding legally, you should be in a position to establish that:
1) diagnostic center wrongly guided the patient;
2) A male doctor conducted such a test without taking minimum precautions of covering the body.
If you have proof, and if you doubt the advice, you can go ahead legally initially serving a notice.
Rajendra K Goyal
(Expert) 04 February 2014
Well advised by the experts, agree to it.
Kumar Doab
(Expert) 04 February 2014
Kindly get in touch with some known office bearer of State Medical Council and lawyer handling medico legal cases, and women organisation.
You would certainly be able to teach a lesson to the Center Owners and Doctor that has committed transgression.
All along studies, internship, practice they are trained to be sensitive to such matters.
Every doctor licensed to practice by the Medical Council of India is bound by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, violation of which can lead to him/her being debarred from practice.
Thus it is legal mandate to follow the medical ethics and not an optional or by choice.
The doctor shall be in great trouble if the incidence is rated as ‘Sexual Misconduct’.
Some situations may be deemed to be unethical including a breach of the trust that is fundamental in the physician patient relationship.
The patient, according to the ethical rule, has the right to decide whether the doctor needs to touch her body as a part of the physical examination. Before an examination, the patient should be told what the examination will be and why the examination is necessary.
Doctor is bound by the informed consent given to a patient.
If the Lady thinks she has been harassed she can compell the sexual harassment committee of the hospital for an internal inquiry.
{If the need be go thru provisions of the Supreme Court's judgement in the famous Visakha case.}
The issue in your case is that a female nurse prepared the patient and doctor conducted the examination. This female nurse may give the evidence for the doctor. Or she may not Or may state the truth that female patient was not covered properly.
During this test probably visual examination of internals thru illumination by torch was not required.
Doctor was to examine the video image of the internals on monitor screen by moving the probe covered with sheath……………………..hence patient’s lower body should have been covered.
There are some criteria which are published by the government too e.g;
Criteria for of CT Scan Center: -
Provision of nursing staff/female attendant for lady patient.
Criteria for Mammography Center : -
- Female Radiographer/attendant
Criteria for USG/Colour Doppler Center: -
- Full time Nurse/Female attendant for female patients.
The privacy has to be respected during ultrasound, especially the trans vaginal examination. Patient should be given large towel covering lower body, in addition to wearing a gown during the trans vaginal ultrasound.
The patient shall always have the choice whether transvaginal ultrasound is to be performed or not or to be performed by a female Doctor or in the presence of spouse and a female nurse.
The patient has to choice to leave during the examination if she is not comfortable.
The female patient could object why she is not covered and could call the hospital administrator then and there.
All efforts have to be made to protect the modesty of the person.
Indian Penal Code, Section 354 deals with outraging the modesty of the woman.
If the woman feels she has been violated, she can approach the (Name of your State) Medical Council, a statutory body which has powers to suspend or debar the doctor.
Based on the findings you can decide to proceed further as you wish.
You can also approach women organisations e.g;
All India Democratic Woman's Association
http://aidwaonline.org/
The patient should know and doctor should understand what is:
“Patient Modesty Violation”
You may find the publications relevant e.g.;
>> The Consent and Medical Treatment: The Legal Paradigm in India
In Indian Journal of Urology
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779959/
.” The traditional definition of battery is an act that directly and either intentionally or negligently causes some physical contact with another person without that person's consent.”
“During the clinical examination, there might arise the need for an intimate examination of the patient, such as a vaginal examination. For such an examination, the medical
practitioner must ideally obtain another consent by asking the patient's permission orally. Furthermore, if there is a need to undergo an invasive examination, such as an incision or drawing of samples of body fluids, a written consent of the patient is ideally required.’
>> 22. Consent (e) Expressed consent.
(i) All invasive and major diagnostic procedures
(k) ………………….. Section 53 (2) lays down that whenever a
female is to be examined, it shall be done only by or under the supervision of
a female doctor.
http://indianarmy.nic.in/writereaddata/Documents/medico_legal.pdf
Advocate. Arunagiri
(Expert) 04 February 2014
I dont belief this query. Because nobody will present this kind of situation in a public forum.
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
