The medical profession was earlier represented by “family doctor” in whom patients had deep faith.Now with commercialization of all spheres of activities and advances in medical technology,the outlook of people towards media; profession has undergone a considerable change and need redefinition.The days of paternalistic medicine no longer exist.
Now patients have higher expectations from medical profession and are more assertive about their rights.Now big hospitals and multi-speciality clinics have taken the place of the small clinic of family physician.With these changes and legal changes like passing of laws releting to doctors and their responsibilities have led to a complex scenerio where the doctors have to keep themselves aware about the laws and put into place system,practices and documents everything possible in order to avoid bitter taste of the law courts.In extreme cases doctors and hospitals have faced the wrath of the patients and their kins.
Since 2007, 18 Indian states have passed laws protecting doctors and health care workers from attacks.The Maharashtra Medicare Service Person and Medicare Services Institution (Prevention Of Violence And Damage Or Loss To Property) Act 2010 is one such legislation.
They also should have working knowledge of law in general and specialised knowledge of laws affecting medical profession like Consumer Protection Act,Indian Penal Code and PCPNDT Act.At the same time they must keep themselves updated about the regulations made by their governing bodies like MMC/MCI.
There is a need for constant legal support for the medical professionwhich shall guide them on right path.A stich (or suture?) in time shall; always save nine.Nonetheless the medical profession also needs protection against many hazards,if any medicolegal issue or complaint against doctors arises.If timely action is not taken,such eventualities can ruin the career as well as the family and social life of a doctor.
There is also a need to examine wither in a zeal and anxiety to regulate the medical profession, there is a danger of over-regulation or strangulation of independence of the profession.
Considering the present juncture of medical field e,g dissolution of MCI and formation of NMC, Clinical establishment act, Anti cut practice Law it seems that the independence of medical field is in jeopardy, which is the basic requirement of the profession.