MP seeks medical tribunals for speedy redressal of disputes
The Hindu
CHENNAI
DMK’s Rajya Sabha Member of Parliament (MP) Kanimozhi N.V.N. Somu urged the Union government to take steps to establish medical tribunals at the State and National levels for quick and fair justice in all medical disputes.
Speaking in the Rajya Sabha during the Zero Hour, the MP pointed out that many cases are emerging in the medical sector that need quick redressal. In India, there are many tribunals for solving cases on particular organisations or institutions but there are no tribunals for medical offences. Till today, offences that take place in the medical sector ultimately go to the courts and the judgments are rendered by judges who have partial knowledge on medical issues, she said.
Medical Tribunals, she said, can be constituted with the objective of delivering speedy, inexpensive and de-centralised adjudication of disputes in various medical offences and related matters, she noted. However, the decision of the tribunal may not be the final but the parties can move for an appeal further to the High Court or Supreme Court.
Dr. Kanimozhi said that it was the duty of a medical practitioner to exercise due care and breach of duty would make the doctor liable for damages. In case of medical negligence resulting in harm or death of a patient, the doctor was liable for a criminal offence as per the Indian Penal Code. In most instances, cases of medical negligence go to the consumer courts.
“The important reason for the need for a medical tribunal is that a case under consumer protection law takes too long a time to conclude which will be agonising for both patients and doctors. The District Consumer Forum does not have members from the medical fraternity,” she said.
India, she said, requires a medical tribunal so that offences that take place in the hospitals, government health schemes or programmes, offences by doctors, hospital authorities, services rendered by ambulance authorities can be taken up by the tribunal headed by a chairperson who has adequate and appropriate knowledge of medical crimes and can render quick and fair justice, she said.