MUMBAI: The Bombay high court on Monday slammed doctors, saying the profession was no longer regarded a service and “all of us have suffered at the hands of doctors at one time or the other.”
A bench of Justices V M Kanade and Anuja Prabhudessai made the observations on a public interest litigation converted from petitions, including two seeking the discharge of two patients detained by Seven Hills Hospital, Marol, and Prachin Healthcare Multi-speciality Hospital, Panvel, over disputed bills. The patients were subsequently discharged.
Since the advocate appointed as amicus curiae (friend of court) was not present, the judges, while adjourning the hearing, sought suggestions from all the parties on the issue.
When advocate Rui Rodrigues, appearing for the Association of Medical Consultants which represents 8,000 doctors and 1,500 hospitals, submitted a published article on guidelines followed by hospitals abroad, the judges remarked hospitals were being run more like a business than as a service. “The days are gone when a family physician, without asking for tests, could diagnose the illness,” said Justice Kanade.
Rodrigues agreed, saying, “The clinical diagnosis then was much better.”
The judges then observed that doctors these days direct patients to get various tests and X-rays done. Rodrigues explained that with the Consumer Protection Act in place, doctors had to take certain safeguards. He said, “If something goes wrong, questions are asked as to why investigations were not directed to be done.” Justice Kanade shot back, “Less said the better…what doctors do and what they should do.”
Advocate Diwakar Dwivedi, who appeared in both cases where the patients were detained, said, “Without visiting the patient, a doctor had charged his fee.” This prompted the judges to respond that everyone has had a bad experience with doctors at some point of time. “All of us have suffered, one time or the other, at the hands of doctors. Few litigants come to court,” Justice Kanade said, adding those who do not “ensure that they don’t suffer at the hands of lawyers”. Rodrigues countered that hospitals suffer more when they are not paid their bills.
The matter will be heard next on November 18 when the judges will pass directions.
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