Doctors need to strike balance between corporate and medical interests: CJI

Unchecked corporatisation of the healthcare system is deepening inequities in access to health care, Chief Justice of India NV Ramana said on Tuesday.

“Private hospitals are being opened at an exponential rate. This is not necessarily a bad thing, but there is a glaring need for balance. We are seeing hospitals being run like companies, where profit making is more important than service to society. Due to this, hospitals and doctors alike are desensitised towards the plight of patients. They are just numbers for them. This trend has also spread monopoly and is deepening the inequities in access to health care,” the CJI said.

The CJI delivered the inaugural public oration at the National Academy of Medical Sciences in New Delhi.

“I understand that there are many doctors on the boards of various private hospitals, having the responsibility to balance corporate interest with medical interest. Now, with the increasing intervention of corporate boards, the individual autonomy of doctors is getting eroded,” the CJI added.

On protecting medical practitioners from frivolous litigation, the CJI said that doctors must not be penalised if best intentions and efforts were made, irrespective of the results.

“It (the Supreme Court) clearly stated that there is a need for protecting doctors from frivolous or unjust prosecution. Over a period of time, this court has clearly stated that an error of judgment or an accident, is not a proof of negligence on the part of a medical professional. He or she would be liable only where their conduct fell below that of the standards of a reasonably competent practitioner in the field. However, these issues need to be adjudicated as per peculiar facts of each case. Doctors ought not to be penalised if best intentions and efforts were made, irrespective of the results. After all, doctors are humans too,” he said.

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The CJI also said that he “felt strongly” about the attacks on doctors during the pandemic.

“Now, I must come to a topic that I feel strongly about. During the pandemic, I saw various instances where doctors had been threatened, abused, attacked, and shunned. Despite this, they continued working on the front lines. This negative response towards doctors is truly unfortunate. Several false cases are being lodged against upright and hardworking doctors. They need a better, and more secure, working environment. We must foster an environment where more young people want to become doctors to serve Indian society,” he said.

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