The Clinical Establishment (Harrasment & Exploitation) Amendment Bill 2019
Further to amend the Clinical Establishment Act 2010 a new bill has been introduced in the parliament .
After Subsection 9 of Section 2 of the CEA 2010 as amended in 2017 the following subsections may be inserted namely;-
(10) During all major surgeries an attendant of the patient will be made an observer and will stand with the surgeon during surgery to see that surgeon does not commit any negligence.
(11) Attendant bed will be provided in ICU to relatives so that they can count the gloves and disposables used and decide when to switch the ventilator off. Brain death will be decided by the authorized relative in such cases.
(12) It will be responsibility of the establishment to provide security and continued treatment to their other patients in case of violence by any patient or his relatives. Replacement monitors and ventilators should be available in case such vandalism occurs in ICU.
(13) In house advocates should be available for patient who are dissatisfied by treatment given so that they can get legal help to file FIR, case in Consumer court, Complaint in State Medical Council, and The appropriate authority under CEA. Cost of such legal help should be borne by the establishment.
(14) For patients under treatment in ICU the Treatment protocols followed will be intimated online daily to the District Authorization committee and drugs used will be procured at least possible rate with online tenders from different local chemists. No hospital will have its own pharmacy .
The above is my horrendous apprehension / nightmare which may soon be a reality given the ongoing situation in the country.
Dr Neeraj Nagpal
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
Sco 1066-67 Sector 123 New Sunny Enclave Mohali
09316517176 , 9814013735
0172; 2707935, 2706024, 9478082176,9465109935
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