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Gone are days when the ‘Doctor Babu’ was revered and cases of <keyword id="1105565" type="UNKNOWN" weightage="20" keywordseo="medical-malpractice">medical malpractice</keyword> were virtually unheard of. 
 The scenario has changed, a growing awareness has led to people increasingly filing ‘<keyword id="2780289" type="UNKNOWN" weightage="20" keywordseo="Medical-Malpractice-and-Negligence">Medical Malpractice and Negligence</keyword>’ suits against Doctors and Hospitals. 
 
The population of a developing country like India relies largely on government hospitals and institutions for medical care. Private hospitals, nursing homes and clinics have mushroomed in every nook and corner of the country. 
 
Even the best private hospitals are prone to medical negligence so the percentage of error in government run hospitals is much higher. Often cases are not reported, for either the patient is unaware of the medical malpractice and or does not have resources to fight the system. 
 
Studies have shown that compared to USA, India has almost double the number of cases of medical malpractice. 
 
Over 200,000 people lose their lives in USA due to medical errors and almost 20,000 malpractice suits are filed. Statistics for India are not very accurate, but extrapolated figures indicate 400,000 deaths due to medical negligence. 
 
In India, the Medical Council Act of 1956 had no provisions to deal with medical negligence; it was modified in 2002 to cover medical negligence. Unfortunately the Act does not specify the provision or section under which action can be taken against ‘medical malpractice’ or penalties imposed. 
 An aggrieved person could earlier only file a case under Consumer Protection Act (<keyword id="179589" type="CITY" weightage="20" keywordseo="CPA">CPA</keyword>) but now he can also approach the Civil Courts, The Medical Council of India and the Dental Council of India, <keyword id="172276" type="ORGANIZATION" weightage="20" keywordseo="MRTP">MRTP</keyword> Act (Monopolies and Restrictive Trade Practices Commission, or file a PIL (Public Interest Litigation) or seek legal action under sections of the IPC (Indian Penal Code, 1860. 
 
Medical malpractice in India comes under the ‘Law of Torts’ which is not codified in India and is unclear on ‘adequate compensation’. 
Interestingly figures show that 80% cases involve surgery with obstetric and gynecology leading at 29% followed by 22% of orthopedic cases. 34% of the cases involve negligence of hospitals along with doctors. 
 However, certain cases have clearly shown that the Indian legal system has woken up and while vary of hasty action against the <keyword id="561865" type="UNKNOWN" weightage="20" keywordseo="Medical-profession">medical profession</keyword> has awarded exemplary damages ranging from Rs 70 lakh for a wrong amputation and Rs 11.5 crore. 
 
This may have forced the Indian Medical profession to be more careful, but it has led to unnecessary and expensive extra investigative procedures as doctors are keen to cover their backs. 
 
It makes medical care expensive, which is not what the government has in mind with its aim to make medical care easily available. 
Doctors’ points that many patients, their relatives and friends seem to think whatever they read on the ‘Iinternet’ is right and question the doctor’s treatment. They are often very vociferous and ask for second opinions or shift the patient to another doctor or hospital with dire results. 
 
Of late, an unhealthy practice of family and friends of patients demonstrating in hospitals and even indulging in violence is increasing. Every case is assumed to be Medical negligence. 
 Paradoxically the other side of the Indian Medical Profession is ‘Medical Tourism’ and India ranks as the second biggest in the world. The main attraction is low-cost coupled with high quality medical care mainly for heart surgery, knee transplant, cosmetic surgery, fertility etc. Medical Tourism is a major <keyword id="6368276" type="COMPANY" weightage="20" keywordseo="Foreign-exchange">foreign exchange</keyword> earner and is expected to grow this year by 30% earning about US $ 2 billion in 2015. 
 
A foreign patient has little to fear and is less likely to be a victim of any medical malpractice. Medical tourism is a big money spinner for the private medical sector in India. 
 
The government too is encouraging by easing visa formalities through the introduction of ‘M’ visas or medical visas. It is also working on improvement of connected infrastructure and support systems like aviation, pharmaceuticals and related industries. 
 
What is needed is establishing, encouraging and implementing high standards in health care so that there is little scope for medical malpractice. A clearly codified and quantified law is also needed to ensure that proper justice is administered.

Medical profession losing its aura of sanctity with the rising cases of malpractice and negligence

<ul><li>The 17th Parliament ended the winter session on December 13, 2019 which concluded the parliament’s discussions for the year 2019</li><li>Among the 59 bills introduced, a total number of 45 bills passed becoming law in the year </li><li>Here is a list of the bills passed in both the houses in 2019 with a short overview </li></ul> After the <keyword id="6354477" type="PERSON" weightage="20" keywordseo="Narendra-Modi">Narendra Modi</keyword> Government came to power for its second consecutive tenure in this summer, the government held its first winter session concluding on December 13, 2019. Together with this session, the government had passed 47 bills in total for 2019. The statistics also makes the recently concluded winter session one of the most productive ones of all the winter sessions of the Narendra Modi government. Nearing the end of 2019, here is an overview of the complete list of all the bills passed in both houses of the parliament which have successfully become laws. 1. The Constitution (One Hundred Twenty-Sixth Amendment) Bill, 2019. Resolves and clarifies some issues that came up over the recent past and aims to strengthen the insolvency and bankruptcy code 2016 framework. 2. The Citizenship (Amendment) Bill, 2019 Makes some classes of specified illegal entrants to the country eligible to become Indian citizens. 3. The Appropriation (No. 3) Bill, 2019 The bill authorizes the <keyword id="6355187" type="UNKNOWN" weightage="20" keywordseo="lok-sabha">Lok Sabha</keyword> to appropriate the funds available in the Consolidated Fund of India for the services of the financial year 2019-20. 4. The Arms (Amendment) Bill, 2019 The bill gives room for giving the maximum punishment of life time imprisonment for manufacturing and transporting illegal arms. 5. The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019 The Bill makes it possible to recognize the rights over property of some residents of some unauthorised colonies in Delhi, the National Capital. 6.The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019 This bill creates room for merging these three union territories in order to bring down administrative costs and ease administration. 7. The Taxation Laws (Amendment) Bill, 2019 Gives some tax concessions in order to boost up the investments in the manufacturing sector. 8. The International Financial Services Centres Authority Bill, 2019. The act sets up a single authority for regulating all financial services in IFSCs in the country. 9. The Recycling of Ships Bill, 2019 Creates room for the safe and environmentally sound recycling of ships. 10. The Special Protection Group (Amendment) Bill, 2019 The bill intends to reduce the special protection group cover only for the Prime Minister, former Prime Minister and all their immediate family members for about 5 years after they step down from their post. 11. The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Sale, Distribution, Storage and Advertisement) Bill, 2019 The law bans the trading, advertising, storing, and transporting of e-cigarettes on grounds of studies indicating that they might create a new line of nicotine users. 12. The Jammu and Kashmir Reorganisation Bill, 2019. The Bill gives scope for reorganizing the state of Jammu and Kashmir into two Union Territories namely Jammu and Kashmir and Union Territory of Ladakh. 13. The Supreme Court (Number of Judges) Amendment Bill, 2019 This bill increases the number of Supreme Court judges from 30 to 33. 14. The Chit Funds (Amendment) Bill, 2019 This bill is meant to streamline the operations of collective funds management in the country. 15. The National Institute of Design (Amendment) Bill, 2019 The aim of the bill is to declare four national institutes of design across four states (Assam, Haryana, Madhya Pradesh and Andhra Pradesh) as institutions of national importance. 16. The Companies (Amendment) Bill, 2019 The ordinance makes it possible for some domestic companies to move to a lower income tax rate provided they do not claim some kinds of deductions. 17. The Repealing and Amending Bill, 2019 This bill repeals 68 Acts in whole and makes some small amendments to (i) the Beedi Workers Welfare Fund Act, 1976, and (ii) the Motor Vehicles (Amendment) Act, 2001. 18. The Insolvency and Bankruptcy Code (Amendment) Bill, 2019 This amendment aims to remove the challenges, streamlines the insolvency resolution process in the corporate world and protects the last mile funding for boosting up the investments in the financially affected sectors. 19. The Codes on Wages, 2019 The ordinance seeks to create a floor wage as the guideline across the country for fixing the minimum wages to different classes of workers. 20. The National Medical Commission Bill, 2019 He bill paves way for replacing the MCI with a new body since it is fond plagued with corruption. 21. The Transgender Persons (Protection of Rights) Bill, 2019 The provisions of the bill aims to prevent discrimination of transgender persons in the society. 22. The Banning of Unregulated Deposit Schemes Bill, 2019 Tis bill brings in a mechanism for banning the unregulated schemes for deposit in order to take care of the interests of the depositors. 23. The Right to Information (Amendment) Bill, 2019 The bill alters the terms and conditions governing the offices of the Chief Information Commissioner. 24. The Protection of Children from sexual Offences (Amendment) Bill 2019 The bill intends to protect children from sexual harassment, sexual assault and pornography. 25. The Appropriation (No. 2) Bill, 2019 This bill permits the government to borrow Rs 98.18 crore for the Consolidated fund of India to meet the country’s expenditure in 2019-20. 26. The Motor Vehicles (Amendment) Bill,2019 A measure to bring down accidents due to negligent driving, the act increases the penalties for driving errors. 27. The Arbitration and Conciliation (Amendment) Bill,2019 Seeks to make the arbitration processes friendly and robust with a focus on easing the doing of business in the country. 28. The Airports Economic Regulatory Authority of India (Amendment) Bill,2019 Meant to increase the threshold of airports in India, the bill changes the definition of what is a major airport in the country. 29. The Unlawful Activities (Prevention) Amendment Bill, 2019 Ventures to bring in a tough law to uproot terrorist activities in the country. 30. The National Investigation Agency (Amendment) Bill, 2019 Projecting the government zero tolerance policy towards terrorism, the bill seeks to broaden NIA’s powers and prosecute the offenders in a stricter way. 31. The Protection of Human Rights (Amendment) Bill, 2019 Advancing the interests of protecting human rights, the bill creates room for the establishment of National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights Courts. 32. The Consumer Protection Bill, 2019 Replacing the outdated consumer protection laws, this bill tightens the rules to further protect the interests of the customers in India. 33. The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 This ordinance creates room for evicting unauthorized occupants from certain public places. 34. The Jallianwala Bagh National Memorial (Amendment) Bill, 2019 The law seeks to lift the party politics in the national memorial and create a new trust to administer the site. 35. The Central Universities (Amendment)Bill,2019 The bill was passed to give room for the creation of a central university and a tribal university in the state of Andhra Pradesh. 36. The Finance (No. 2) Bill, 2019 This law amends the earlier income tax act and reduces the corporate taxes. 37. The New Delhi International Arbitration center Bill, 2019 Gives room to create a centralized and independent arbitration enter in India to manage arbitrations in the country in a better way. 38. The Jammu and Kashmir Reservation (Amendment) Bill, 2019 This act makes it possible to make reservations in the state and central government posts and seats in educational institutions for the people of Jammu and Kashmir. 39. The Central Educational Institutions (Reservation in Teachers Cadre) Bill, 2019 Creates room for reserving the teaching positions for SC, ST, economically weaker and socially and environmentally weaker persons in the Central Educational Institutions. 40. The Indian Medical Council (Amendment) Bill, 2019 This act creates a Medical Council of India to regulate the education and practice of medicine in India. 41. The Dentists (Amendment) Bill, 2019 In order to regulate the profession of dentistry in India, the act creates (i) the Dental Council of India, (ii) State Dental Councils, and (iii) Joint State Dental Councils. 42. The Aadhaar and Other Laws (Amendment) Bill, 2019 The law regulates, clarifies and amends some procedures related to Aadhaar in a way of easing and streamlining the use of Aadhaar identity card in India. 43. The Special Economic Zones (Amendment) Bill, 2019 Creates room for establishing, managing and developing special economic zones in the country. 44. The Muslim Women (Protection of Rights on Marriage) Bill, 2019 The bill declares that all kinds of talaq both verbal and written as illegal in order to safeguard the interests of the Muslim women in the country. 45. The Homoeopathy Central Council (Amendment) Bill, 2019 This ordinance amends the Homepathy Central Council Act, 1973 and sets up a council to regulate the practice of Homeopathy in India.

List of new bills passed In 2019 in parliament by Narendra Modi govt

New Delhi, Jan 16 () The government has notified the mandatory hallmarking of gold jewellery and artefacts, which will come into force from January 15, 2021.
 Till then, jewellers have been given time for implementation of this notification, violation of which would be punishable under the provisions of the Bureau of Indian Standards Act, 2016.
 As per the notification, only a registered jewellers will be allowed to sell the hallmarked gold articles through certified sales outlets.
 Instead of ten grades earlier, registered jewellers will be allowed to sell jewellery and artefacts only in three grades of gold -- 14, 18 and 22 carat.
 Gold hallmarking is a purity certification of the precious metal and is voluntary in nature at present. The BIS is already running a hallmarking scheme for gold jewellery since April 2000 and around 40 per cent of gold jewellery is being hallmarked currently.
 The mandatory hallmarking is not required for gold meant for exports, if an article weighs less than two grams and which is in course of consignment from outside India to an assaying and hallmarking centre in India.
 It will not apply on any article which is intended to be used for medical, dental, veterinary, scientific or industrial purposes, any article of gold thread and any manufactured article which is not substantially complete, and which is intended for further manufacture, the notification said.
 Hallmarked gold jewellery will have four components -- BIS mark; purity in carat and fineness; assaying and hallmarking centre's identification mark/number besides jeweller's identification mark/number.
 Welcoming the move, trade body World Gold Council India Managing Director Somasundaram PR said: "The transition time of one year will allow the industry enough time to sell the existing inventory while simultaneously, working on plugging any gap in infrastructure or making suitable changes in logistics."
 Making hallmarking mandatory is a much-awaited progressive step to safeguard the interests of the consumers, particularly women, who put their hard-earned savings into this asset class, he said.
 This reform, backed by a tight enforcement mechanism, will underpin trust and a change of perception about Indian gold jewellery, creating a favourable environment to market the famed handcrafting skills appropriately, he added.
 According to Somasundaram, employment potential in assaying and hallmarking will increase. Hallmarking will also create a level playing field, benefitting small players.
 At present, there are 892 assaying and hallmarking centres in 234 district locations, and 28,849 jewellers have taken BIS registration. The government plans to set up hallmarking centres in each district in the country. LUX MKJ

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Medical profession losing its aura of sanctity with the rising cases of malpractice and negligence

Preetam Kaushik

List of new bills passed In 2019 in parliament by Narendra Modi govt

BI India Bureau

Govt notifies mandatory gold hallmarking; WGC welcomes move

PTI

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