Kuzholuzo Nienu, leader of NPF Legislature Party initiated the discussion on matters of Urgent Public Importance pertaining to “Medical Negligence”. Opening the discussion he defined Medical negligence as an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient and highlighted the most common types of Medical Negligence like Misdiagnosis, delayed diagnosis, failure to diagnose, surgical Error, wrong site surgery, unintentional laceration or perforation, unnecessary Surgery, Negligent Anesthesia preparation, childbirth Injuries, failure to treat, failure to provide the necessary care and attention, drug prescription errors, etc. he further stated that apart from the aforementioned types of Medical Negligence, in recent years the Health Care Industry is being regarded as a profiteering business and many private hospitals have sprung up without adhering to infrastructural specifications and safety norms which may be termed as Infrastructural Negligence.
Nienu therefore emphasised on the need to pass the Medical Negligence Act in Nagaland considering the fact that Negligence and Malpractices have been noticeable ever since the establishment of Health Care Facilities in the state. He added that the medical profession, long regarded as the noblest profession is not immune to negligence, which often results in the death of the patient or complete/partial impairment or any other misery which has adverse effects on patient’s health. In conclusion he urged upon the house to pass the Nagaland Medical Negligence Bill in order to check Medical Negligence and malpractices and restore the lost trust and respect in the noble profession and also provide the best possible health care delivery in the state.
Pangnyu Phom, Minister Health and Family Welfare joining in the discussion on Medical Negligence said that Medicine is a noble profession and the doctors regulate their conduct though a Code of Ethics which is enforced by their self-regulatory body, the Nagaland Medical Council. He further mentioned that the Council, on receipt of complaints against its members from public, including patients and their relatives, is expected to conduct enquiries on these and depending on the seriousness of the complaints, the Council has the power to reprimand a practitioner, or suspend or remove his name from its register. Pangnyu also said that there are other legal options also available to aggrieved patients, which include
i) filing a case for civil negligence where he can seek for compensation for the injury caused due to the negligence;
ii) filing a case for criminal negligence where the doctor shows a gross absence of skill or care, or an illegal act; or
iii) filing a case for damages as a consumer of services under the Consumer Protection Act, 1986.
iv) Patient safety should be the cornerstone of the standard operating procedures, protocols and processes that are put in place within a hospital. These should also be ensured by the Department along with the Nagaland Medical Council and other stakeholders.
He however expressed that “it is also important, in our context, that the Nagaland Medical Council (NMC) conducts sufficient training and capacity building of the medical practitioners through Continuing Medical Education and other means. This is important so that they are fully updated on the various medical advancements, as well as to refresh that ethical practice, and high standards, should be the cornerstone of medical professionals in the State.”.
In conclusion he said that Pro-active and more effective self-regulation by the NMC would ensure that people will not approach other forums, including by filing criminal complaints for any alleged negligence and while it would not be the objective of the Government and the society to increase frivolous cases, it would be important to increase awareness on patient’s rights, informed consent and medical records for the doctors as well as general public which the Department of Health & Family Welfare should actively work towards .
Minister, Yollow Konyak and MLA, Dr. Ngangshi both expressed in brief their concerns regarding the issue of Medical Negligence in the State and highlighted some of the reforms and measures required to be taken in order to ensure quality medical facilities to the citizens of the State.
Advisor, Nicky Kire said that Public Health Diploma is necessary amongst doctors who are transferred to the Directorate. He also said that all doctors should continue to follow CME- Continuing Medical Education which is important for health care providers to prosper by allowing them to learn and improve effectively. He further said that there is a need superannuation age for doctors which will give the older doctors a chance when they are being referred.
Advisor, Dr. Chumben Murry while referring to the discussion on medical negligence defined it as an improper or unskilled treatment of a patient by a medical practitioner, who can be a physician, surgeon, nurse, pharmacist or any other medical practitioner. Through his observations he said that there is an increasing number of litigations of medical negligence and this may be partly due to increasing awareness among health care recipients. He said that there should be more effort placed on awareness of legal avenues and also of doctor-patient relationship to enable more rational approach towards problems such as violence against doctors. Murry added there is a need to strengthen rules and regulations of the medical council and also strengthen penal laws dealing with medical negligence.
(Atuzo, Takumpula & Morotsung)