Medical negligence: NA panel approves amendments to bill

Fine increased from Rs10,000 to Rs100,000, jail term reduced from two years to one.

ISLAMABAD:

A parliamentary panel has approved amendments to an act covering injured persons by increasing penalty for medical negligence and reducing jail term. However, the doctors have described it a “black law” and decided to oppose it.

The National Assembly Standing Committee on Capital Administration and Development approved unanimously the amendments to the bill on the Injured Persons (Medical Aid) (Amendment) Act 2012 on Wednesday.

According to the bill the penalty has been increased from Rs10,000 to Rs100,000 and the imprisonment period reduced from two years to one for doctors found guilty of medical negligence.

However, before the punishment, a committee, comprising health professionals, will probe the allegations into the negligence on the complaint of a patient or his/her attendant. A doctor’s licence will be cancelled if found guilty. The fine will be imposed considering the level of the offence.

Earlier the complaint was to be lodged with a magistrate, which was opposed by doctors.

The bill, to be placed before the National Assembly for approval, will be applicable to all public and private health facilities in the Islamabad Capital Territory, covering all persons injured in accidents or assaults. It also includes indoor and outdoor patients seeking medical treatment.

MNA Nosheen Saeed had initiated the amendments in the Act of 2004 and introduced to the NA in July this year as a private member bill. But the NA referred it to the standing committee for further discussion.

While talking to The Express Tribune, the MNA said it will create a sense of responsibility among doctors, improve quality of healthcare services and help the injured person to get treatment on priority without police interference.

She said everyday a number of people become victim of medical negligence but their complaints remain unaddressed.

Meanwhile, Pakistan Medical and Dental Council (PMDC) has termed it a “black law” infringing upon doctors’ rights.

PMDC Registrar Dr Ahmad Nadeem Akbar said the bill would make doctors insecure. “PMDC will write to CADD to express its reservations on it,” he said. “Despite the fact that PMDC is the main stakeholder, it was not consulted.”

When contacted, CADD Secretary Riffat Shaheen Qazi said the ministry did not receive any request from the PMDC to participate in the consultation process. “Another meeting will be held in near future to review the final draft of the bill prior to its submission before the parliament for final approval”. If they have reservations, they should share them with the committee, she added.

Substandard drugs procurement

Meanwhile, the committee expressed concern over procurement of substandard medicines by public hospitals. Pakistan Institute of Medical Sciences (PIMS) Executive Director Dr Riaz Warraich informed the committee that they were forced to accept the lowest bid which affected the quality of the medicines.

He also informed the committee that Rs80 million have been approved by the government for an extension to the emergency ward.

It was also decided in the meeting that licences of young doctors who violate rules and attempt to blackmail the government, will immediately be cancelled.

When contacted, YDA Pims chapter president Dr Asfandyar Khan denied the allegation that YDA had blackmailed the government.

“We only go on strikes when government does not pay heed to our demands,” he said. He was opposed to the bill and stated all doctors would go on strike if it is implemented.

Published in The Express Tribune, November 8^th, 2012.