handling mob violence against doctors and their medical establishment

HANDLING MOB VIOLENCE

AGAINST DOCTORS AND THEIR

MEDICAL ESTABLISHMENT

DR. SHARDA JAINDr. Arvind NarayanDr. Gaurav Agarwal

Dr Jyoti BhaskerDr Yogesh Agarwala

VOILENCE AGAINST DOCTORS

As the society evolves and the population becomes more and more literate it is expected that

vandalism against doctors would decline.

VOILENCE AGAINST DOCTORSRecently we have noticed not only a rise in the

incident but there is major change in the trend. It was believed that mob violence is commonly seen

in clinics and establishments in communally sensitive or politically sensitive area or in slums

and industrial belts. However recent incidents show us that the culprits

involved in such incident are surprisingly well educated and well placed economically.

One wonders….WHY PUBLIC ENVY DOCTORS

One wonders whether we doctors are victims of a general envy that the society has against us because we

enjoy a very special social status in the society….in comparison to rest of

Professionals

GENESIS of VOILENCEAs soon as a mishap to a patient undergoing treatment is

communicated there is a knee jerk reaction from the attending relatives. This is very natural.

Other relatives begin to visit the place now and start asking UNENDING questions about the incident.

At this point the concerned doctor may loose his cool as he is forced give explanation again and again.

This is where the communication may become undesirable and situation become little tensed.

GENESIS As the news of the mishap spreads in the area

where the patient stays, the local population gets instigated to visit the site.

These may include local goons, local politicians, local ‘’would be politicians’’,

local dissatisfied old patients ,and also some who come just to watch the fun

MOB MENTALITY

• Mob lacks intelligent reasoning and wishes to have fun

• A call by even one person ‘’Maro’’ ‘’Todo’’ can instigate the crowd to barge in and start the vandalism. In such Situation can go out of hand in no time.

TIPS TO HANDLEForm a local ‘’Rush Team’’ of doctors

for helping a doctor in distress.This team should include senior

practitioners (surgeon, Gynaecologist, GP, anaesthetist etc.). The team should be only one phone call away in case of impending

suspected mob violence.

LOCAL RUSH TEAM:

• The teams responsibility is to help the affected doctor in medical management (if needed)

and for ensuring proper communication with the relatives.• Ideally death should be declared only when

the rush team arrives.

• The rush team has to conduct itself properly and with dignity. They should not take charge of the situation. The owner should take the main chair and do the talking for communication.

• Team members should interfere only it the communication is taking a wrong turn.

LOCAL RUSH TEAM:

SECURITY:Security personnel on duty will always be

out-numbered by the mob and hence inadequate during such vandalism, however each

establishment should have CCTV cameras installed and there should be boards at

conspicuous places saying ‘’you are under electronic surveillance ‘’.

This will curb many such untoward incidents.

INSURANCE:Apart from our professional

indemnity, we should also have insurance for

damage to property and riots. The premium for these insurances is

very small in amount.

PHOTOGRAPHS:

As soon as the vandalism occurs take photographs of the damage.

These are to be submitted as evidence of damage in police

panchanama and for insurance to claim damages.

INJURY CERTIFICATES:

If any of the doctors or staff has been manhandled.. it is important to send

them to another nearby hospital for first aid and to get and injury certificate

which is needed in the police panchanama and later in the Court.

POLITICIANS:Avoid involving politician at this stage

because politicians are like double edged swords. They may help you in the present situation but will take advantage later. If they are from the side of the miscreants, they will insist on cleaning the mess and

destroying the evidence before photographs are taken.

POLITICIANS:

Another view is that we should call a known politician ourselves because

when such an incident occurs .. politicians will come to the site any

way, whether you had called them or not.

CALL POLICE:

• If there is intra-op death or immediate post-op death avoid giving DC and put the onus of explaining (to the relatives) the need for MEDICO LEGAL POST MORTEM on to the police…IT IS MUST

CALL POLICE:

• Hand over the photographs and CCTV footage to them.• Co-operate in the panchanama • Insist that FIR against the culprit is

made as soon as possible.

CALL POLICE:

• Many a times police is not aware of the act against such vandalism which is in force in Delhi, Maharashtra, Rajasthan, AP and various other states .

Hence it is prudent to have a copy of this act with us always.

Know the law of DOCTOR’S protections

• As per the act if found guilty of commitment, attempt to commit and or abetment there can be imprisonment which can extend to three years with fine which can extend to 10,000/-or both + Compensation double the amount of loss or as judged by the court.

• It is COGNIZABLE, NON-BAILABLE .• Bail is given by court of judicial magistrate first class and

non-compoundable

REACTION OF POLICE

• Police may want to delay immediate arrest of culprits because it can worsen the law and order situation. However if police is delaying arrest even after the cremation, make a complaint to senior police officers or one can make use of RTI or we may have to go ahead with writ petition.

Inform the insurance company with copy of FIR,CCTV footage and photographs.

CONCLUSIONSMob violence will continue

• Till doctors get back the lost respect • Till our general population become literate

• Till there is a socio-economic rift between us and the general population

• Till violence remains and inseparable part of our existence is country

Doctors wake up !

Our plea is that we do not intend to protect negligent doctors-they can be made to appear in appropriate courts

HOWEVER • We cannot accept vandalism of any kind against doctors, hospital

staff, other admitted patients and the establishment.

• The culprits have to be punished as a non-bailable offence. The crime should be non-compoundable.

CONCLUSION

Doctors unite for your protection !

ADDRESS 11 GAGAN VIHAR

NEAR KARKARI MORH FLYOVER DELHI -51

CONTACT US 011-22414049

Dr. Arvind Narayan : 9873710770Dr. Sharda Jain : 9650511339

Dr. Jyoti Bhasker : 9711191648Dr. Gaurav Aggarwal : 9811154655

Dr. Ila Gupta : 9819340422Dr Vinit jain : 9810121098Dr V.K Goyal : 981016800

Dr. Yogesh Agarwala : 9810081484 Email : medicolegaldelhi@gmail.com

amcdelhincra2gmail.com