Saturday, November 25, 2017

JAIL Doctors ?

Dalit’s  Diary  -   e  News   Weekly  
Working  For  The  Rights  &  Survival  Of  The Oppressed
Editor: NAGARAJA.M.R… VOL.11 issue.46… . 29 / 11 / 2017


Editorial : Doctors  are  NOT  Divine gods
              People , society treated  doctors as gods. Nowadays by their own unfair practices doctors themselves have proved otherwise. Their governing bodies have failed  to punish their  deviant colleagues. Doctors  are frequently  violating their oath.  It is high time to bell the cat.
            Gone are the days when doctors used to treat poor patients free of cost / subsidized rate ,  missionary doctors  giving free treatment to poor. There are many allegations  against  doctors / hospitals about cheating  / improper service.  When doctors / hospital managements are running the  MEDICAL PROFESSION  as a business , they should  be  brought under  law  just like other businesses. Hospitals & doctors  are accountable to their customers / patients for the services given. They must give proper  billing  with breakups not consolidated one. They must  maintain proper profit & loss account and must pay taxes to the government. For the violations of the above , doctors & hospitals must be legally prosecuted. When  doctors & hospitals  endangers the life of a customer / patient ,  they must be charged for homicide.
     Few doctors & hospitals , who are actually doing noble  service to poor & needy  shouldd be given tax exemptions, government subsidies. Even such doctors / hospitals are accountable to patients &  government. Nobody is above law. If a doctor  & hospital is  complying with law , why they  are afraid of it. Karnataka state doctors & hospitals must explain to public.

IMA Pledge

Every member should get it frames in his or her office
It should never by violated in its letter and spirit.

I solemnly pledge myself to consecrate my life to service of humanity.

  • Even under threat, I will not use my medical knowledge contrary to the laws of Humanity.
  • I will maintain the utmost respect for human life from the time of conception.
  • I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient.
  • I will practice my profession with conscience and dignity.
  • The health of my patient will be my first consideration.
  • I will respect the secrets which are confined in me.
  • I will give to my teachers the respect and gratitude which is their due.
  • I will maintain by all means in my power, the honour and noble traditions of medical profession.
  • I will treat my colleagues with all respect and dignity.
  • I shall abide by the code of medical ethics as enunciated in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002.
I make these promises solemnly, freely and upon my honour.
                                         

 PIL –  Criminal Prosecution of Doctors & Hospitals

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF


NAGARAJA . M.R

editor  Indian’s  Diary  &  Dalit’s Diary ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others


....Respondents



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
   Medical field  is basically meant not as a  PROFESSION  to  earn  profit  but as a  SERVICE  to  humanity.  Except for honest few doctors , honest few medical  hospitals , Many doctors , Hospitals in india  are running the  medical profession  like greedy businessmen to make quick bucks.  They  are grossly violating  oath of  DOCTOR. Many doctors have utilized  subsidized  education by government  by way of preferential  medical seat on the basis of caste , religion , etc , by way of scholarships  , education loans , etc. Many hospitals have utilized  government subsidy while setting up hospitals. If at all  doctors are not inclined to serve humanity  but only interested  to  earn money , they should go to other professions.

2. Question(s) of Law:
Are  patient’s lives not valuable ?  Are not doctors accountable ?  Are not hospitals  accountabble to patients , government & tax authorities ? Legal enforcement  of CODE  OF  CONDUCT  to doctors. Accountability  of  Hospital  Management.

3. Grounds:

Requests for  protection  of  patient’s right to life , criminal prosecution of guilty doctors & hospital management.

4. Averment: 



Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties b. to legally enforce model code of conduct for doctors
c.  to  ask hospital management to make public their rate chart for different treatment , different  inserts , equipments used.
d. to ask the doctor to provide complete details of treatment  given , inserts used , equipments used along with the  cost breakup  to each patient at the time of discharge.
e. to bring hospitals under tax net.
f. to control black money thriving in medical profession.



PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce model code of conduct for doctors and  to  ask hospital management to make public their rate chart for different treatment , different  inserts , equipments used. To ask the doctor to provide complete details of treatment  given , inserts used , equipments used along with the  cost breakup  to each patient at the time of discharge. To bring hospitals under tax net.
b. To control black money thriving in medical profession.

c. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 


FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 

Dated : 16.11.2017          ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 


OATH   FORGOTTEN  by  Doctors

I swear to fulfill, to the best of my ability and judgment, this covenant:
I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.
I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.
I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon's knife or the chemist's drug.
I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the skills of another are needed for a patient's recovery.
I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.
I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.
I will prevent disease whenever I can, for prevention is preferable to cure.
I will remember that I remain a member of society, with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.
If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Edited, printed , published  owned  by  NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL , MYSURU – 570017  KARNATAKA  INDIA

Cell : 91 8970318202

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Contact  :   Naag@protonmail.com ,  Naag@dalitonline.in  , 


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