“Pay for patient’s deaths during strike” Lucknow High Court tells doctors
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Lucknow’s High Court on Friday said that doctors at King George’s Medical University would have to pay for the death caused by the recent four day strike. The court also went on to say that a panel had been appointed to find out within two months the number of deaths caused by the strike and doctors would need to pay Rs 25 lakh to each affected family. While the government would pay the money for now, it would be deduct from the doctor’s salaries the court said.
While hearing a PIL (Public Interest Litigation) against the strike that was held between May 30 and June 2, the court said that doctors working in public institutions had no legal right to strike work and also directed the state government to frame a strict policy to ensure patients remained unaffected. The court has asked the government to submit a compliance report by September 10, and in the mean time has told the government to take action against striking doctors to prevent such future acts.
Around 350 KGMU junior doctors had gone on strike to protest fresh admissions for PG courses in the state medical colleges. This, after admissions had been closed in April based on the UP Medical Entrance Examination (UPPGMEE). However, on May 26 a SC order directed state governments to redo the admissions process afresh after adding 30% additional marks to candidates of Provincial Medical Health Services (PMHS) who have served in rural areas.
While the strike was called of on June 2 after the court pulled up authorities after hearing the PIL filed by a local lawyer Moti Lal Yadav, against the strike. Friday’s new order was based on the same PIL. The court went on to say that a doctor’s duty was to treat patients and not doing this was a serious professional misconduct.
To prevent such future strikes, the court has directed the government to prepare permanent record of striking doctors to be put up on a website and communicated to the MCI for consideration to cancel their licenses or suspend their practice. A set of guidelines for doctors will also be put up on the website, within the next 3 months.
By this measure then, even offices like the PWD (Public Works Department), Electricity Board, Water and Sanitation etc, should have their officers and workers pay for – road accidents, electrocution, unsanitary living conditions and sewage leaks during heavy rainfall. The same standards need to be extended for all government services and not just medical services, as those affect citizens and common people too.
With inputs from TOI
Image Credits – Livemint.com