Who appointed you Judge ?

News breaking of a doctor being accused of illegal kidney transplant , out raging the modesty of a woman, or of plain and simple negligence always generates morbid interest of public and is debated vehemently. Even other doctors at times are very eager to jump to conclusions about the guilt of the accused with anecdotal evidence based mostly on heresay. It is rare to find solidarity and unified stand among doctors to defend the accused.

Issue arises whether we as colleagues , co professionals, friends or simple acquaintances should defend someone from within our community even though he may be accused of heinous crimes. I have come across this question at various fora including at the recently concluded Indian Society of Organ Transplantation Annual Conference at Indore.

My view on this issue is clear and absolute. I am not the consumer court member, judge or member of Medical Council. In other words I am not entrusted with the job to decide on the person’s guilt. And as of today even criminals accused of the most foul crimes have the right to be defended in courts by proper legal representation and definitely I will defend a doctor till he is proven guilty and even then would extend what support I can to him and his family.

Defence by colleagues when he is in trouble is a right of any member of a professional association. Twice in Chandigarh doctors have been arrested on charges of murder and for abedment to commit suicide. Both these were later absolved of all charges but the point is that no one from amongst the doctors would defend the two while they were in jail. We do not even have the courtesy to ask the family if they need some support, if the children need something.

If a family member commits murder would we not try our level best to defend him. Is an association or a society not an extended family ? Are we afraid of getting our own or the association’s image sullied ? Wake up please . Our image is already rock bottom. Every time the news channels run a negative story about a doctor who is accused of any crime it raises their TRP and sullies our collective image further. Defending him will earn us respect of society not degrade us further.

I have as yet not even invoked the routine argument that we need to learn from advocates where not only the Bar Associations but even the regulatory body the “Bar Council” has “welfare” of its members as an objective enshrined in the Advocate’s Act of 1961. Welfare of doctors is not the aim and objective of MCI but surprisingly even the various medical associations and societies also disregard this vital purpose and feel that conducting conferences, CMEs and conducting elections remain their sole reason of existence.

The demonstration of skills in various surgical techniques at conferences and workshops also needs to be supplemented with guidelines and protocols for managing legal difficulties of members. While it is important to imbibe the cutting edge of technology related to our profession but so is looking after the interests of the weakest member of our association or society. If we fete a pioneer amongst us who develops new technique or technology so also we should fete those who come to the aid of colleagues. An association or society is as good or bad as its weakest member and the sooner we climb down from our moral high grounds and realize this the better it will be for all of us.

Whether the doctor in fatehabad Haryana was guilty or not is for the police and courts to decide. But law was definitely broken to bits with impunity when the mob took law into its own hands and vandalized the hospital and paraded the doctor naked in streets of fatehabad in the presence of the police. Why is there no demand for justice for this crime which seems oblivious to everyone.

Dr Neeraj Nagpal 
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
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