Writers in this issue of the journal have a lot to say about the role that the law
and regulatory bodies can and do play in supporting ethics at various levels.
An editorial speculates on whether the Medical Council of India’s ban on
doctors receiving gifts from the drug industry has any meaning given the poor
credibility of this institution. Another editorial asks whether the MCI’s rural
doctors scheme will result in more equitable access to healthcare. A senior
jurist comments on the recent Supreme Court judgment on criminal medical
negligence and its implications for medical practice. An activist comments on
the legal battle launched by Bayer to block generic drug production, and the
implications for people’s right to affordable medicines. An article discusses
laws relevant to decisions on patenting of human genetic material.
A survey of boundary violations in the doctor-patient relationship found
enough evidence that sexual and nonsexual boundary violations occur in
India, and this is a matter that needs urgent attention. Professional bodies
need to implement existing guidelines on this subject.
With this issue we start a regular column, Ethics and the Law. In the first
column, a forensic doctor presents an overview of laws applicable to
sexual assault cases and amendments in these laws as they relate to the
responsibilities of healthcare providers. We welcome submissions to this
column.
But the law is not enough, as the writers commenting on a survey of informed
consent point out. Obtaining informed consent for treatment is not about
getting a patient to sign a form that protects the doctor from liability; consent
is not a legal requirement but an ethical imperative. They write: “We do not
wish to discount the protective role of laws, when they are applicable and
accessible to all citizens, as external checks. However, we continue to believe
that the best protection for patients remains ethical healthcare professionals
through an internal professional morality.”