professional misconduct in medical ethics

When a patient is referred to a specialist by the attending physician, a case summary of the patient should be given to the specialist. However, it shall be unethical if the benefits of such patents or copyrights are not made available in situations where the interest of a large population is involved. If any request is made for medical records either by the patients/authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours. Sometimes a physician is required to render services to other physicians as a consultant or substitute. It is unethical to enter into a contract of “no cure no payment”. The medical officer/physician occupying an official position should avoid remarks upon the diagnosis or the treatment that has been adopted. Since its adoption at the founding meeting of the American Medical Association in 1847, the AMA Code of Medical Ethics has articulated the values to which physicians commit themselves as members of the medical profession.. What updates do you want to see in this article? 8.6 Professional incompetence shall be judged by a peer group as per guidelines prescribed by the Medical Council of India. [2]. Signature of patient or thumb impression ___________________________________________. Any complaint with regard to professional misconduct by doctors can be brought before the appropriate medical council for disciplinary action. Under the Acts relating to lunacy and mental deficiency and under the Mental Illness Act and the rules made thereunder. 4.5 Visiting another physician’s case: When it becomes the duty of a physician occupying an official position to see and report upon an illness or injury, he should communicate to the physician in attendance so as to give him an option of being present. 7.5 Conviction by court of law: Conviction by a court of law for offences involving moral turpitude/criminal acts. 3.5 Treatment after consultation: No decision should restrain the attending physician from making such subsequent variations in the treatment if any unexpected change occurs, but at the next consultation, reasons for the variations should be discussed/explained. Physicians should disseminate advice on public health issues. Medical and social ethics have advanced to an extent that doctors are likely to be faced with controvers… 7.20 A physician shall not claim to be specialist unless he has a special qualification in that branch. 6.5 Secret remedies : The prescribing or dispensing by a physician of secret remedial agents of which he does not know the composition, or the manufacture or promotion of their use is unethical and as such prohibited. Under the Vaccination Acts and the regulations made thereunder. The consultant shall not criticise the referring physician. Romantic or sexual interactions detract from the goals of the patient-physician relationship and may exploit the vulnerability of the patient, compromise the physician’s ability to make objective judgments about the patient’s health care and ultimately be detrimental to the patient’s well-being. Under the Workmen’s Compensation Act and Persons with Disability Act. Professional courtesy requires the acceptance of such requests. ... the Council on matters about medical ethics and professional conduct. The term professionalism was also used for the military profession around … [12], Where to file a complaint of professional misconduct by doctors. It may permanently suspend the license to practice. may be advertised in the lay press, but such advertisements should not contain anything more than the name of the institution, type of patients admitted, type of training and other facilities offered and the fees. It may temporarily restrict the doctor from performing certain procedures or seeing certain types of patients. The disclosure of the opinion to the patient or his relatives or friends shall rest with the medical attendant. Under the Acts relating to birth, death or disposal of the dead. The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. 'A solemn promise: It is no longer enough simply to treat the patient as you would wish to be treated yourself. A physician should not receive any gift, gratuity, commission or bonus in consideration of referring, recommending or procuring any patient. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. I will respect the secrets which are confined in me. 7.13 It is improper for a physician to use an unusually large sign board and write on it anything other than his name, qualifications obtained from a university or a statutory body, titles and name of his speciality, registration number including the name of the State Medical Council under which registered. 3.4 Statement to the patient after consultation: 3.4.1 All statements to the patient or his representatives should take place in the presence of the consulting physicians, except as otherwise agreed. The same privilege, with its obligations, belongs to the consultant when sent for in an emergency during the absence of attending physician. The personal financial interests of a physician should not conflict with the medical interests of patients. 1.9 Evasion of legal restrictions: The physician shall observe the laws of the country in regulating the practice of medicine and shall also not assist others to evade such laws. Medical negligence is a subset of professional misconduct. Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register. Professional Responsibilities to Patients 1. Note : In government hospitals where the patient load is heavy, the name of the prescribing doctor must be written below his/her signature. Prescribing, manufacturing, promoting or selling any secret remedial drugs is unethical. All rights reserved | Designed & Developed by. Covers regulatory parts of duties. 7.2 If he/she does not maintain the medical records of his/her indoor patients for a period of three years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient or his/her authorised representative makes a request for it as per the regulation 1.3.2. 6.4.1 A physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment. What if professional misconduct is established? of complaints of professional misconduct; (d) supervision of medical education and training; and (e) assessment of fitness to practise where a doctor's health is of concern.4 In addition to legal regulation, there were also codes of medical ethics to guide the doctors for proper conduct. Duties and responsibility of a physician are described in t, he Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, . It is improper to affix a sign board on a chemist’s shop or in places where he does not reside or work. It has been classified into the following categories:-. • Exposure of Unethical Conduct: A Physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession. 3.3 Punctuality in consultation: Utmost punctuality should be observed by physicians in making themselves available for consultations. 4.2 Conduct in consultation : In consultations, no insincerity, rivalry or envy should be indulged in. [16], A doctor accused of negligence will not be arrested in a routine manner. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums. A physician should be an upright man, instructed in the art of healings. 8.4 Decision on complaint against delinquent physician shall be taken within a time limit of 6 months. Request Maharashtra Government to file review petition in Supreme Court : matter regarding Dr Payal Tadv [with 600+ endorsements]’. 7.9 Performing or enabling unqualified persons to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication. Registered medical practitioners are required to issue certificates, notification, report and other documents of similar character for subsequent use in courts or administrative purposes. He should ensure himself that the patient, his relatives or his responsible friends have such knowledge of the patient’s condition as will serve the best interests of the patient and the family. People from different professions have to follow different ethics, and they have to abide by the rules. Even under threat, I will not use my medical knowledge contrary to the laws of humanity. 6.6 Human rights : The physician shall not aid or abet torture nor shall he be a party to either infliction of mental or physical trauma or concealment of torture inflicted by some other person or agency in clear violation of human rights. [5], In dealing with pharmaceutical and allied healthcare industry, a medical practitioner should follow and adhere to stipulations given below:-. (), Online submission is not open so please mail submissions to: [email protected], © 2021. Accordingly. 6.7 Euthanasia: Practicing euthanasia shall constitute unethical conduct. The following actions shall constitute professional misconduct (1) Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient; (2) ... Issue of certificates in Homoeopathy to unqualified or non-medical persons provided that this shall not apply so as to restrict … Professional misconduct by doctors is such conduct which is considered disgraceful or dishonorable by other doctors of good repute and competence. He should, however, respond to any request for his assistance in an emergency. 5.1 Physicians as citizens: Physicians, as good citizens, possessed of special training, should disseminate advice on public health issues. It may award a compensation to the complainant. 7.19 A physician shall not use touts or agents for procuring patients. Violation of the guidelines of ICMR (Indian Council of Medical Research) related to clinical drug trial and other research on patients or volunteers constitutes misconduct. Professional ethics are principles that govern the behaviour of a person or group in a business environment. Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. The medical certificate shall be prepared as in. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. All the drugs prescribed by a physician should always carry a proprietary formula and clear name. I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient. For this purpose no discussion should be carried on in the presence of the patient or his representatives. MCI- 211(2)2001-Regn. (, [7]S.304A, Causing death by negligence, Indian Penal Code 1860, [8]S.337, Causing hurt by act endangering life or personal safety of other, Indian Penal Code 1860, [9]S.338, Causing grievous hurt by act endangering life or personal safety of others, Indian Penal Code 1860, [10]S. 4 (2), S. 23(1), Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, [11]Jacob Mathew v. State of Punjab & Anr. The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion. Medical Practitioners should not accept any hospitality including hotel accommodation for self or any family member. (Published in Part III, Section 4 of the Gazette of India dated 06.4.2002). 7. I will treat my colleagues with all respect and dignity. For excusing attendance in courts of justice, in public services, in public offices or in ordinary employment. Publishing photographs or case reports of patients without their permission, in any medical or other journals in a manner by which their identity could be made out is punishable. Although medical malpractice includes the legal liability of medical care providers for intentional misconduct, medical malpractice usually refers to medical negligence. 1,2,3,4,5; Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [5]Ch. It may temporarily suspend the license to practice. 3.1 Introduction. Council under the Medical Practitioners Act 20073. 7.24 A physician posted in a medical college/institution both as teaching faculty or otherwise shall remain in hospital/college during the assigned duty hours. Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving adequate notice to the patient and his family. Violation of existing ICMR guidelines in this regard shall constitute misconduct. © 2002 by The McGraw-Hill Companies, Inc. Doors of, can also be knocked at by the complainant. Section 304A (Death due to negligence) [7], section 337 (causing hurt)[8] and section 338 (causing grievous hurt)[9] are often applied to deal with cases of medical negligence. A medical practitioner is however permitted to make a formal announcement in press regarding the following: 6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on the sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and unethical conduct on the part of the physician. When an epidemic occurs a physician should not abandon his duty for fear of contracting the disease himself. (, [12]Amit Agrawal, Medical negligence: Indian Legal Perspective, v19 (supple 1), 2016 Oct, Annals of Indian Academy of Neurology, [13] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [14]Ibid, Jacob Mathew v. State of Punjab & Anr, [15]Dr.K.K.Agrawal, Legal Issues in Medicine,, [16]Ibid, Jacob Mathew v. State of Punjab & Anr, [17]Ibid, Jacob Mathew v. State of Punjab & Anr, [18] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [19]Ibid, Dr.K.K.Agrawal, Legal Issues in Medicine, [20] Ch 8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, © Copyright 2016, All Rights Reserved. In connection with sick benefit insurance and friendly societies. in contravention of the above provisions shall constitute gross professional misconduct on the part of the physician. A physician advising a patient to seek service of another physician is acceptable, however, in case of emergency a physician must treat the patient. Drugs prescribed by a physician or brought from the market for a patient should explicitly state the proprietary formulae as well as generic name of the drug. Justice to Dr Payal Tadvi case | Seeking endorsements | Request Maharashtra Government to file review petition in Supreme Court, POSITION AVAILABLE (FULL TIME) EDITORIAL COORDINATOR FOR Indian Journal of Medical Ethics (IJME), Last Date for Application 07, November 2020, Submission to the National Human Rights Commission (NHRC) on behalf of Hub5 (HEaL Institute, APU, Seher-CHSJ, and IAPH) – COPASAH on human rights issues confronted by ASHAS and ANMs during the Covid-19 pandemic | Aug 7, 2020, Letter to MMC by FMES, PUCL-MH, FAOW, and MFC urging to restore its order suspending licenses of two doctors accused of abetting the suicide of Dr Payal Tadvi, Forthcoming Webinar – Being at the Frontline of Covid 19: Conversations with Grassroots Health Care Workers in India. A physician can request another physician to attend his patients during his absence. Such consultation should be in the interest of patient only and not for any other consideration. Constitutionality of Special Courts and their functioning, All about lobbying in India with reference to other countries, WTO’s role in the facilitation of economic development. See Impaired health care provider. 1.4.2 Physicians shall display as suffix to their names only recognised medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognise any exemplary qualification/achievements. Consent taken from the patient for trial of drug or therapy which is not as per the guidelines shall also be construed as misconduct. Code of Medical Ethics opinions: sexual boundaries 1. 1.1.3 No person other than a doctor having qualifications recognized by the Medical Council of India and registered with the Medical Council of India/ State Medical Council(s) is allowed to practice the Modern system of Medicine or Surgery. [20], [1], [2]Ch 7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [3]Laxman Balkrishna Joshi (Dr) v. Dr. Trimbak Bapu Godbole AIR 1969 SC 128, [4]Ch. The REB should include people knowledgeable in the law and standards of practice and professional conduct. Providing good care. ‘The preponderance of misconduct occurs because many authors are not informed on ethics, as these issues have generally not been addressed in medical undergraduate or postgraduate education.’ The truth of this statement is undermined by the absence of any advanced ethical framework required to understand that dishonest research activity is unethical, let alone its incommensurability … [18], The medical council can take following actions if professional misconduct is established during inquiry:-, A person aggrieved by the decision of State Medical Council can file an appeal to the Medical Council of India within 60 days from the date of receipt of the order passed by State Medical Council. 8.2 It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for disciplinary action. Secrecy of medical dispositions of the patient must be maintained unless required to be revealed by law of the land. 7.8 A registered medical practitioner shall not contravene the provisions of the Drugs and Cosmetics Act and regulations made thereunder. 2.1.1 Though a physician is not bound to treat each and every person asking his services, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties. He should not neglect a patient once admitted. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums.
professional misconduct in medical ethics 2021