Concerns raised over misuse of law aimed to protect health workers

Legislation seen curbing public’s access to govt hosps; IMA to be party to all violence cases
For reprentational purpose
For reprentational purpose

THIRUVANANTHAPURAM:  At a time when the state government is moving ahead with more stringent legislation to protect health workers, the arrest of a 20-year-old man for verbally abusing a doctor at Thiruvananthapuram general hospital has raised concerns of possible misuse of the law. 

People have taken to social media, worried that the new law would curb the public’s access to government hospitals. Amid the crowds and chaos at such facilities, public interactions with ambulance drivers, security guards, paramedical staff, and even doctors, are often far from cordial. 

Now, with all of them set to be covered under the definition of health workers, there are worries that only legislation will change, with conditions in hospitals remaining the same. The Indian Medical Association (IMA), which has been demanding stronger laws to protect health workers, has dismissed the concerns. “We have a legal system and a government to check misuse of law.

Similar laws exist in all countries. If the old law was good enough there would be no need for stricter ones. The court too observed that police must act and there should be more convictions to deter people from violence,” said Dr Sulphi N, IMA state president. 

He blamed the political leadership for supporting accused persons by pressuring health workers into withdrawing complaints. “There was considerable pressure in the general hospital case as well. Often the doctors relent,” said Dr Sulphi. The IMA has also decided to be a party to all cases involving violence against health workers, especially doctors. 

The killing of Dr Vandana Das at the hands of a patient at Kottarakkara taluk hospital has proved to be an inflection point in the struggle for doctors to address hospital violence. Though legislation was introduced in 2012, there has been no conviction. 

On Wednesday, the government decided to amend the law with harsher punishment and expand the classification of health workers. “We cannot negate a law thinking that there will be misuse. We have seen instances of misuse in Pocso, Domestic Violence Act, UAPA, etc. The proposed law enhanced the punishments and gave tactical solution by offering a time-bound approach in investigations and trials. We will know its effectiveness only when it is implemented,” said Dr Althaf A, IMA district secretary and an associate professor at Thiruvananthapuram Government Medical College.

“An unnecessarily heavy-handed approach by police could create issues. But then it is a problem of enforcement,”  he added. He demanded a systemic change for smooth interactions between the public and health workers. “The problems that lead to misuse should be avoided. It involves a visionary approach to handling crowds and ensuring health for all. The public feels that there is no one to address their complaints,” said Dr Althaf. 

Experts’ Suggestions to prevent hosp attacks  

  • Improve basic infrastructure of hospitals
  • Deploy enough manpower
  • Reduce crowding of patients
  • Reduce morbidity in the population
  • Introduce standard operating procedure for hospitals 
  • Clearly define duty patterns
  • Appoint medical ombudsman to address public complaints

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