JUDGEMENT
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(1.) Having read Hindustan Times, Times of India (English Edition), Dainik Bhaskar, (Hindi Edition) dated 26th June, 2012 it transpires that Doctors of various Government Hospitals, Dispensaries remained off their duties on 25.06.2012 on the call of the Indian Medical Association. Several deaths are reported by Dainik Bhaskar daily in R.I.M.S. for want of proper treatment. Lots of patient remained in constant unbearable pain due to illness, injuries and they have waited unsuccessfully for the Doctors to come and treat them Number of surgeries/operations were postponed and were not performed because Doctors were on strike. It seems that Doctors, who remained on strike, failed to honour their oath to treat the ill to the best of their ability In Hindustan Times English daily, it is reported that Doctors, who were on strike, were enjoying lavish lunch, while poor patients were waiting for treatment in the Hospital. Chapter 2 of Regulation 2.1.1 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 reads as under:
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. In his treatment, he should never forget that the health and the lives of those entrusted to his care depend on his skill and attention. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients. A physician advising a patient to seek service of another physician is acceptable, however, in case of emergency a physician must treat the patient. No physician shall arbitrarily refuse treatment to a patient. However, for good reason, when a patient is suffering from an ailment which is not within the range of experience of the treating physician, the physician may refuse treatment and refer the patient to another physician.
(2.) Chapter 2 of Regulation 2.4 Of the Indian Medical Council (Professional Conduct. Etiquette and Ethics) Regulators. 2002 reads as under:
The patient must not he neglected A physician is free to choose whom he will serve. He would however, respond to any request for his assistance in an emergency. 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. Provisionally or fully registered medical practitioner shall not wilfully commit an act of negligence that may deprive his patient or patients from necessary medical care.
(3.) Chapter 5 of Regulation 5.1. and Chapter 6 of Regulation 6.6 of the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002 reads as under:
5.1 Physicians as citizens.--Physicians, as good citizens, possessed of special training should disseminate advice on public health issues. They should play their part in enforcing the laws of the community and in sustaining the institutions that advance the interests of humanity. They should particularly cooperate with the authorities in the administration of sanitary/public health laws and regulations.
6. G 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.;
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