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Doctor
and Law
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Dr
Gopinath Shenoy, medico legal consultant and
specialist in the defense of doctors in the Consumer
Forums / Commissions answers your queries relating
to legal aspectsof medical practice |
Can
I refuse to see a patient who has not paid my fees?
Dr
Pradeep Sawant, Jalagoan, Maharashtra
The
Code of Medical Ethics as formulated by the Maharashtra
Medical Council which is applicable to medical practitioners
determines when medical practitioners can refuse to see
a case. Article 41 states that a doctor can refuse to
see a patient if:
(1)
He finds another practitioner in attendance.
(2)
His fees remain unpaid despite notice.
(3)
When the patient persists in abuse of intoxicants or poisons.
(4)
When other remedies than those prescribed by him are being
used.
(5)
When the treatment prescribed is being persistently not
followed.
(6)
When other practitioner is consulted without his knowledge.
(7)
When he is convinced that illness is an imposture and
he is being made a party to false pretense. However he
need not give up a case because he cannot cure it so long
as the patient desires his services.
(8)
When he is himself suffering from an illness requiring
rest in the house.
One
of the reasons given herein above is unpaid fees. This
means that if the fees of the medical practitioner are
outstanding and not paid by the patient, the medical practitioner
is justified in refusing to subsequently see this patient.
This incidentally is true for ’cold’ cases but
is not applicable in emergencies wherein it is the bounden
duty of the medical practitioner to examine the patient
and do whatever is needful irrespective of the fees being
paid or not. The Code as prescribed by the Maharashtra
Medical Council is as of date not amended.
The
Code of Conduct for medical practitioners formulated by
the Medical Council of India has been recently amended
and such a provision is absent in the amended Code.
Can
I demand compulsory AIDS testing of my would be husband
before marriage.
Dr
Preeti Shah, Nadiad, Gujarat
In
my opinion such a compulsion cannot be made enforceable
by any Appropriate Authority because such a Rule/Law if
promulgated will directly infringe upon the ’Right
to Privacy’ of any individual. Recently there are
newspaper reports that such a testing has been voluntarily
accepted by certain areas. It would not be improper for
the families of the bride and the groom to subject their
wards to such testing if they so desire. To refuse such
a request is also the right of the individual but adverse
inference can be very easily drawn if there is such a
refusal. In my opinion it is healthy to subject the prospective
bride/groom to undergo HIV, VDRL and HBSAg testing before
the marriage is settled. In my opinion this is the modern
horoscope of an individual.
For
a tonsillectomy I charge more than what the near by ENT
surgeon does. Can I be taken to the Consumer Court by
a patient for this?
Dr
B P Mulla, New Delhi
It
is a well-settled law that pricing cannot be made the
subject matter for adjudication in the Consumer Courts
provided there is no statutory control over such pricing.
The fees collected by the medical professionals are not
controlled by any statute or by any rule/law. Therefore
how much to charge is left for the doctor to decide. Under
the circumstances you cannot be taken to the Consumer
Court just because you happen to be charging more than
the doctor practicing near by.
The
scenario changes if there is a statutory control over
the price of a commodity - like for example drugs. Drug
prices are governed by a statute, which controls it therefore
charging more than the scheduled price is actionable in
the Consumer Courts.
I
am not able to see my patients at the appointed time.
Can this amount to deficiency in services on my part and
can I be sued by the patients for this?
Dr
A B Patnaik, Calcutta
The
National Commission has decided this particular issue
wherein it has confirmed that if any doctor does not adhere
to the appointment schedule, it does not amount to deficiency
in services. It can be possible that some patients may
take more time than what is allotted to them. It can also
be possible that the doctor is professionally engaged
with some serious patient who forces all appointments
at the clinic to be cancelled. Many a times it is also
possible that there is a serious patient who requires
to be seen out of turn. Under the circumstances a doctor
commits no offence if he were to see such patients without
appointment or out of turn thereby upsetting the appointment
schedule.
Readers
may e-mail their queries to drgnshenoy@yahoo.com. He
may also be contacted at (022) 24927403.
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