He should be co-operative in the observance and enforcement of sanitary laws and regulations in the interest of public health. Violation of human rights of the patient by inflicting, aiding or abetting any kind of physical and mental torture is also unethical. Can a lawyer hold on to my court documents or papers demanding to be paid more? Law governing professional misconduct by doctors. It can be about the media and their ethics, the judicial and legal ethics, the medical code of conduct, the ethics of realtors, the Engineer’s ethical code, and several others. All the drugs prescribed by a physician should always carry a proprietary formula and clear name. Doctors should not accept any travel facility provided by the pharmaceutical or allied healthcare industry. Professional Responsibilities to Patients 1. Ethical principles may differ depending on the profession; for example, professional ethics that relate to medical practitioners will differ from those that relate to lawyers or real estate agents. It may issue a warning to the practitioner. Statement demanding justice for Dr Kafeel Khan, Public Statement: Gross violation of human rights due to the mandatory linking of Aadhar to health and allied social security schemes, Health Professionals’ Pledge Against Torture, Ethics of health research: developing the COHRED Fairness Index, MFC Statement on Escalating Challenges to Health in India, Medico Friend Circle condemns the arrest of Dr. Saibal Jana, MFC welcomes the stinging report on cleaning up medical education regulation, Appeal of Indian Doctors for Ethical Practice (IDEP), Public Debate EoLC @ TISS on July 16, 2016. Subsequent violation will lead to the removal of name from the medical register. In an operation which may result in sterility consent of husband and wife, both are needed. Further extension may be granted by the MCI if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within 60 days. A doctor accused of negligence will not be arrested in a routine manner. They should play their part in enforcing the laws of the community and in sustaining the institutions that advance the interests of humanity. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion. in contravention of the above provisions, shall constitute gross professional misconduct on the part of the physician. Secrecy of medical dispositions of the patient must be maintained unless required to be revealed by law of the land. may be advertised in the lay press, but such advertisements should not contain anything more than the name of the institution, type of patients admitted, type of training and other facilities offered and the fees. 7.6 Sex determination tests: On no account shall sex determination tests be undertaken with the intent to terminate the life of a female foetus developing in her mother’s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. Issuing certificates of efficiency in modern medicine to unqualified or non-medical person constitutes professional misconduct. 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. It can order the practitioner to apologize publicly or to the aggrieved. 3.2 Consultation for patient’s benefit: In every consultation, the benefit to the patient is of foremost importance. (https://indiankanoon.org/doc/871062/), [12]Amit Agrawal, Medical negligence: Indian Legal Perspective, v19 (supple 1), 2016 Oct, Annals of Indian Academy of Neurology, [13] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [14]Ibid, Jacob Mathew v. State of Punjab & Anr, [15]Dr.K.K.Agrawal, Legal Issues in Medicine, http://module.ima-india.org/ima/Legal_issuesinMedicine_Dr%20KK-Aggarwal.pdf, [16]Ibid, Jacob Mathew v. State of Punjab & Anr, [17]Ibid, Jacob Mathew v. State of Punjab & Anr, [18] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [19]Ibid, Dr.K.K.Agrawal, Legal Issues in Medicine, [20] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, © Copyright 2016, All Rights Reserved. Issuing false, misleading or improper certificates, notification, report or other document falls under professional misconduct. 1.8 Payment of professional services: The physician engaged in the practice of medicine shall give priority to the interests of patients. | Powered by. (Published in Part III, Section 4 of the Gazette of India dated 06.4.2002). When a patient is referred to a specialist by the attending physician, a case summary of the patient should be given to the specialist. No cash or monetary grants should be accepted for individual purpose in individual capacity under any pretext. Violation of regulations and laws. The term professionalism was also used for the military profession around … 1.1.3 No person other than a doctor having qualifications recognized by the Medical Council of India and registered with the Medical Council of India/ State Medical Council(s) is allowed to practice the Modern system of Medicine or Surgery. However, there are some universal ethical … A physician should announce his fees before rendering service and not after the operation or treatment is under way. For excusing attendance in courts of justice, in public services, in public offices or in ordinary employment. Informed consent a) Obligation to informed consent includes knowledge that Terms are understandable. It has been classified into the following categories:-. Prenatal sex determination except for the purpose of diagnosing abnormalities and diseases attracts an imprisonment up to three years. of complaints of professional misconduct; (d) supervision of medical education and training; and (e) assessment of fitness to practise where a doctor's health is of concern.4 In addition to legal regulation, there were also codes of medical ethics to guide the doctors for proper conduct. A physician should be an upright man, instructed in the art of healings. Violation will lead to censure or removal from the medical register for a specified period. Sexual misconduct is an abuse of professional power and a violation of patient trust. It is not unethical for a physician to prescribe or supply drugs, remedies or appliances as long as there is no exploitation of the patient. Providing good care. 6 A major portion of the issues addressed in such codes of etiquette concern not moral issues in an immediate … Such consent shall be obtained in writing only after the patient is provided, at her own level of comprehension, with sufficient information about the purpose, methods, risks, inconveniences, disappointments of the procedure and possible risks and hazards. Professional ethics are principles that govern the behaviour of a person or group in a business environment. 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 the modern system of medicine or surgery. 3.4.2 Differences of opinion should not be divulged unnecessarily but when there is irreconcilable difference of opinion the circumstances should be frankly and impartially explained to the patient or his relatives or friends. He should not neglect a patient once admitted. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. It would be opened to them to seek further advice as they so desire. 2.4 The patient must not be neglected: A physician is free to choose whom he will serve. They should particularly co-operate with the authorities in the administration of sanitary/public health laws and regulations. The consultant shall not criticise the referring physician. 6.5 Secret remedies : The prescribing or dispensing by a physician of secret remedial agents of which he does not know the composition, or the manufacture or promotion of their use is unethical and as such prohibited. Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register. 3.1.2 Consulting pathologists /radiologists or asking for any other diagnostic lab investigation should be done judiciously and not in a routine manner. Constitutionality of Special Courts and their functioning, All about lobbying in India with reference to other countries, WTO’s role in the facilitation of economic development.

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