Accidents and Law
Dear all
If you you are a witness to any medical emergency during an accident it is important for you to know that doctor cannot refuse treatment . Please tread below two landmark judgements
Paschim Banga Khet Mazdoor Samiti Vs state of West Bengal
In this case, Hakim Sheikh, a member of Paschim Banga Khet Mazdoor Samiti, fell from a moving train on 8th July, 1992 and sustained severe injuries and severe bleeding from his head. However, he was shunted from one hospital to another because he was refused treatment everywhere, due to lack of facilities. This scenario was repeated in 8 hospitals and he finally received medical care the day after he fell off the train i.e. on 9th July, 1992.
The court in this case held that it is the obligation of the State to ensure the welfare of its people. It is the responsibility of the Government to provide hospitals and health centers for those seeking emergency medical care. Doctors are duty bound to render emergency treatment and cannot refuse patients due to lack of faculties. The provision of these facilities comes under Article 4 of the constitution. The petitioner was finally awarded Rs.25,000 in this case.
The court, in this case ruled that doctors are duty bound to provide emergency medical care and cannot refrain from doing their duty under any circumstances. It was also held that the Government needs to ensure the provision of well-equipped health centers in all regions, so that there are adequate facilities to provide medical treatment in emergencies.
Paramanand Katara Vs Union of India
A scooterist was knocked down by a speeding car and was taken to the nearest hospital by a passer-by. However, the hospital refused to attend to the patient and told the man that he should take the patient to a named different hospital, authorised to handle medico legal cases, 20 kilometers away. Unforutnately, the patient succumbed to his injuries by the time he was taken to this hospital. injured citizen brought for medical treatment, should be instantaneously given medical aid to preserve life
The Hon'ble Supreme Court had observed:
- Every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death.·
- There are no provisions in the Indian Penal Code, Criminal Procedure Code, Motor Vehicles Act, which prevents doctors from promptly attending to serious injured persons and accident cases before arrival of the police and their taking into cognizance of such cases, preparation of F.I.R. and other formalities by Police.·
· There can be no second opinion that preservation of human life is of paramount importance. This is so on account of the fact that once life is lost, the status quo ante cannot be restored, as resurrection is beyond the capacity of man.
Can a doctor/ hospital refuse medical care to emergency cases?
Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid / delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in statutes or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way".
Should the doctors / hospitals wait for the police to arrive or any legal formalities before attending to a road accident victim?
No. "The treatment of the patient should not wait for the arrival of the police or completion of legal formalities. All hospitals and doctors are required to provide immediate medical aid to all the cases, whether medico-legal or not ".
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