Kerala - Thiruvananthapuram   

Ordinance guards patient rights too

THIRUVANANTHAPURAM: The Kerala Health Services Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Ordinance proposed to be issued by the State government, while proposing that all violent acts committed against a hospital and its staff be made a cognizable and non-bailable offence, has included provisions to ensure patients' rights also. The ordinance proposes that any person or persons committing acts of violence against a hospital and its staff is liable to be punished with imprisonment for a period of up to three years with fine up to Rs.50,000.It also proposes that the rights of patients to receive complete information about the medical treatment received at the respective hospital be ensured and that the patients' right to redressal of any grievances regarding any lapse in medical treatment or service provided by a hospital be ensured.

All healthcare institutions, including those under the State, Centre or run by local bodies, private hospitals, private maternity homes, private nursing homes, clinics and residences and consulting rooms of all doctors will be covered against violence under the ordinance.

All registered medical practitioners, working in healthcare institutions, including those having provisional registration, nurses, medical students, nursing students and paramedical workers employed in healthcare institutions would be protected under the proposed law.

The term ‘violence' has been defined as activities causing any harm, injury or which endangers the life of a medical service provider, as well as intimidation of doctors or causing obstruction to a doctor in discharging his duties.

Violent acts also include destruction or damage caused to property in the hospital or any health care institution.

Non-bailable offence

While making any act of violence against doctors or damage to hospital property a punishable and non-bailable offence, the ordinance will also make the perpetrators of violence liable to pay compensation for loss of property.

Those found guilty of the offence will have to pay compensation of twice the amount of the purchase price of a medical equipment damaged or the loss caused to hospital property, as determined by the court, it has been proposed.

The Indian Medical Association, which had been spearheading the campaign by doctors to put pressure on the government to enact a law to protect doctors and hospitals against violence by mobs, said it was happy about the Cabinet decision to issue the ordinance.

The Joint Action Council of doctors, which had proposed a State-wide strike on June 30, in protest against the government's delay in bringing out the said ordinance, had dropped the move following discussions with the Health Minister.

State secretary of IMA J. Rajagopalan Nair said the proposed ordinance had been drafted on the lines of the Hospital Protection law which has already been enacted by Andhra Pradesh and Karnataka.

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