| Indian Journal of Medical Ethics | ||||||
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FROM THE PRESS Testing for HIV without consent
When will they ever learn? People cannot be tested
for HIV without their consent. Yet, we keep reading reports of forcible testing.
On July 7, 2001, a district court judge had ruled that women arrested for
alleged prostitution in Noida, Uttar Pradesh, could not be forced to undergo HIV
tests. Yet, Noida's Sector 20 police station, which arrested eight women in
allegedly similar circumstances on May 15, 2003, has sought that the accused
take HIV tests. A Dasna Jail official confirmed that a Noida magistrate had
directed jail authorities to get HIV tests done for the accused. Times News Network. Police cannot force HIV
tests: Judge. May 27, 2003 Health care: the most corrupt service sector In a year, Rs 26,728 crore is paid in bribes across the service sectors in
India. The health sector was the most corrupt among the 10 studied sectors, the
others being education, police, land administration, judiciary, power, taxation,
railways, telecommunications and public distribution. Doctors were the main culprits, demanding 77% of the bribes, to admit patients and administer proper care. Every 12th Indian was cited as paying about Rs 621 per year while dealing with the health sector. RK Bansal. Medical professionals: a need for introspection Lancet March
8, 2003, quoting Neelima K. Price of treatment, education: Rs 26,728 cr.
The Indian Express (Vadodara), December 18, 2002 Take care of yourself in the hospital After a three-day-old infant was kidnapped from a government hospital in
Nagpur, the hospital superintendent said that none of the hospital staff was
involved in the incident. 'We take a written undertaking from every patient that
the hospital will not be responsible for the security of the newborn,' said Dr C
V Chaudhri, superintendent. The mother had handed over her baby to an unknown
woman who had befriended her, and told her that the infant had to be taken to
the dispensary to administer some medicine. Dr Chaudhuri explained that it was not possible to
keep track of the hundreds of relatives and well-wishers who visit the hospital
each day. Fortunately, the baby was found abandoned some days later and was
returned to the mother. Ramu Bhagwat. Infant kidnapped from Nagpur
hospital found at Amravati temple. The Times of India, June 4, 2003
Kidney trade back in Mumbai The kidney trade is making a comeback in
Maharashtra. Earlier this year, a patient operated upon for a hernia had a
kidney removed as well, without his consent. Recently, the police have arrested
the middlemen involved in selling the kidney of a migrant from Kerala for Rs
4,00,000. The case came to light because the donor didn't receive Rs 50,000-his
share-and complained to the police. A state government committee (which has the Director of Health Services and the Medical Education Secretary as its members) is meant to scrutinise applications for transplants, especially donations by non-relatives for 'reasons of affection', and prevent fraudulent 'donations' which are actually kidney sales. Dr G B Daver, ex officio member of the evaluation committee, said that the panel relied heavily on hospitals for the documents and hence chances of detecting forgeries were poor. Deepa A. 'Act to curb kidney trade contains
many lacunae.' The Times of India. June 4, 2003 The Tamil Nadu government on organ transplants The Tamil Nadu state Health Department had decided to reconsider
the registration granted to 28 Chennai hospitals for kidney transplant following
complaints of 'rampant organ sale' in these hospitals. There have been reports
that some hospitals do not even qualify for the registration. Surprise checks at
these hospitals to find out if they still deserve the transplant status will be
carried out by the authorities. Pushpa Narayan.Organ transplants bring hospitals under the scanner. The
Indian Express, February 26, 2003 The kidney business in Punjab: an open secret The Rs 100 crore kidney business in Punjab came to the notice of the press
a few months ago. But, as our reader Satya Pal Dang points out, it was an open
secret for years. It involved doctors like surgeon P K Sareen, Dr O P Mahajan,
principal of the Government Medical College and Dr Jagdish Gargi, members of the
Authorisation Committee, Dayanand Medical College and Hospital, Advocate Rajan
Puri, police and politicians (the present chief minister says the trade could
not have flourished without the connivance of the previous Akali Dal-BJP
regime). What first started as a blood donation business with labourers receiving Rs 10 and a glass of milk for their 'donations' evolved to an organised kidney supply business. Workers were promised jobs for Rs 200 a day and taken to the city where they were put up in guesthouses and a dossier prepared for when a demand for their type of kidney came along. Once a recipient was found, he was forced to undergo surgery and discharged with the warning that complaining could get them arrested for participating in an illegal trade. Indeed, when the scam first hit the headlines, donors (not the recipients) were arrested! Dr Sareen said he was merely a surgeon and had nothing to do with the Authorisation Committee or the middlemen. Members of the Authorisation Committee plead that they had no means to verify the documents. The Punjab unit of the Indian Medical Association urged the government to order a judicial probe into the kidney removal rackets, especially in Ludhiana, Bathinda, Amritsar and Jalandhar. Hospitals all over India referred kidney patients to Amritsar where 1,922 unrelated transplants were performed since 2000, compared to 650 in Delhi during the same period. No one-no government monitoring agency, no hospital authority, no medical body-saw or reported anything amiss. Vikram Jit Singh and Jatinder Kaur Tur. The kidney conspiracy. The
Indian Express, January 19, 2003 Surinder Awasthi and Ajay Bharadwaj. 'Badal
govt may have backed kidney scam'. The Times of India, January 22, 2003 Ajay
Bharadwaj. Punjab ignored proposals to check trading in kidney. The Times of
India. February 23, 2003 Chander Prakash. Tribune News Service. Four doctors
booked for removing kidney. The Tribune, October 11, 2001 Jupinderjit Singh and
Shivani Bhakoo. Tribune News Service. The Tribune, October 13, 2001 Tribune News
Service. IMA seeks judicial probe. The Tribune, October 14, 2001 The last two
items were sent by Mr Satyapal Dang from Amritsar. New law banning sex selection A recent amendment in the law governing prenatal diagnostic techniques has
banned sex selection by in vitro fertilisation (IVF). The Prenatal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act, 1994, has been renamed the
Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection)
Act, 2003. The new law requires that all ultrasound equipment must be registered and reports on their use be filed with the appropriate authority. Seema Kamdar. Sex selection law tightened. The Times of India. June 6,
2003 And in Tamil Nadu as well... The Tamil Nadu Medical Council, the registering authority for medical
practitioners in the state, declared that it would come down heavily against
doctors abetting sex selective abortion. Dr M Balasubramanian, president of the
TNMC, stated that the Council would listen to the complaints of doctors
conducting prenatal diagnostic tests to identify foetal sex followed by
sex-selective abortion. He also said that, if convinced, the Council would
constitute a disciplinary committee to enquire into the complaint and issue
warnings, temporarily cancel the registration or even permanently debar doctors
from practice. Staff reporter. Doctors abetting female foeticide will be debarred. The
Hindu. April 27, 2003 No way out for victims of negligence A one-year-old child lost her eye when the doctor mistook cataract for
cancer and removed the eye. No other eye specialist, including the doctor,
approached for a second opinion before her child was operated upon, agreed to
help confirm the mistake. The hospital refused to hand over discharge papers
leaving the mother with no evidence to prove the doctor's negligence. Five per cent of the 5,000 consumer complaints reported from 1991 to 1998 were for medical negligence. Less than 40 judgements were delivered against the doctors in these cases because of lack of comment from a technical expert. Doctors who provide expert comments through ACASH [Association of Consumer Action in Safety and Health] to complainants, refuse to let their identities be revealed and appear for cross-examination. ACASH is no longer able to get experts to depose before the court. Complainants could also try to approach the medical council-which has a backlog of 158 cases, some lodged as far back as 1989. Roli Srivastava. Doctors mum on peers' negligence, claim victims. The
Times of India. May 25, 2003 State medical councils want more power The medical councils of Karnataka, Rajasthan, Andhra Pradesh, Delhi, West
Bengal, Kerala, Maharashtra, Madhya Pradesh, Jammu and Kashmir, Bihar and Punjab
demand reforms in the functioning of the Medical Council of India. They would
like the exclusive right of registration of medical practitioners and greater
control over medical colleges all over India. The state councils want their state governments to amend the relevant Acts and rules to empower the state medical council to levy punitive fines and award costs to complainants, award penalty for malicious complaint, and issue injunction against publicity in mass media for cases under trial for a period not exceeding 180 days. The councils have also demanded that if a case of medical negligence is filed with a police station, the medical practitioner should be arrested only after consulting the state medical council. The doctors have said that the councils will ask the Press Council of India to give strict instructions. 'We don't need press trials and press convictions. The media should abide by its ethics while reporting about doctors' alleged involvement in criminal cases,' said Dr Sapatnekar, administrator of the Maharashtra Medical Council. Bureau reports. Pharmabiz Hospital Review. February 1-15, 2003
Finally, medical ethics in the curriculum Aspiring doctors will soon have to learn about ethics before they graduate
from medical school. The move, initiated by the Nashik-based Maharashtra
University of Health Sciences, is part of a countrywide project kicked off by
the World Health Organization (WHO) and the Indian Council for Medical Research
(ICMR). The WHO and ICMR have designed a training programme on ethics for
medical faculty members. Once the ethics curriculum is ready, approval will be
sought from the Medical Council of India and the subject introduced in medical
colleges across the country. Dr Dayanand Dongaonkar, Vice Chancellor of the
Health Sciences University, said the university's academic council would decide
on how the ethics module should be integrated into the current curriculum.
Deepa A. Medicos will now learn about ethics before taking oath. The
Times of India. March 26, 2003 Take the sample and run The Indian Council for Medical Research (ICMR) is investigating how a team
of foreign scientists obtained blood samples of a tribal population of Andhra
Pradesh for a controversial genetic study without the knowledge or permission of
the ICMR. Blood samples were collected from 180 people belonging to the Chenchu
and Koya tribes in Andhra Pradesh, from 106 Bengalis of different castes, 58
Konkanastha Brahmins from Mumbai and 53 Gujaratis. The team consisted of
scientists from the UK, US, Russia, Germany, Estonia and Kuwait. PTI. Blood samples of Andhra tribals exported. The Times of India,
March 21, 2003 Blood collection scam The Surat police busted an alleged blood donation and serum extraction
racket run for the past three years. Three people including a doctor have been
arrested in connection with the racket run under the aegis of Fairdeal [!]
Diagnostics. D J Patel and his son Mehul bought blood from professional donors in violation of the law and derived blood products to be sold to laboratories for diagnostic and research purposes. Some products made by Fairdeal include Anti A, Anti B, Anti AB and VDRL serum. Dr A M Desai provided the professional donors with fitness certificates. The racket was busted when a patient in a government hospital was found to have donated 90 times between January 2003 and May 2003. Express News Service. Surat plasma scam reveals a gory tale. The Indian
Express. May 3, 2003 |
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