Proposed Hospital Protection Act by the Kerala Government

In the light of the untimely demise of the young doctor Vandana Das in Kollam at the hands of a crime suspect brought in for a medical examination, the State Cabinet authorized an ordinance that modifies the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act of 2012. The ordinance incorporates tougher penalties for those engaging in violence against hospitals and broadens the definition of healthcare workers and it was approved by Governor Arif Mohammed Khan in late May 2023, just a few weeks after the unfortunate incident. The recent amendment to Section 4 of the Act, which focuses on penalties for individuals involved in violence against hospitals and healthcare workers, introduces stricter consequences. Offenders who attempt to engage in violence or incite others to commit violence against hospitals and healthcare staff will now face imprisonment ranging from six months to five years, along with a fine ranging from ₹50,000 to ₹2 lakhs. Any offender who commits serious physical violence against a healthcare worker will be punishable with imprisonment not less than a year, up to a maximum of seven years and a minimum fine not less than ₹1 lakh up to a maximum of ₹5 lakhs. Considering the deceased was a medical intern, the proposed amendment broadens the definition of “healthcare service persons,” the new amendment has brought paramedical students and paramedical staff employed and working in medical service institutions, security guards, managerial staff, ambulance drivers and helpers in hospitals also within the ambit of the Act (1^✔ ✔Trusted Source
Government of Kerala

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Why do Hospitals Need Protection?

This recent death is just one example of violence against doctors in India which has been a trend in recent years. There have been instances of doctors being physically assaulted, verbally abused, and their property damaged by patients' relatives or attendants who are dissatisfied with medical outcomes or unhappy with the healthcare system. Such incidents not only pose a threat to the safety and well-being of doctors but also disrupt the delivery of healthcare services.

During the COVID-19 pandemic, there was a constant inflow of news about doctors being attacked by families and friends of victims who had passed away due to the novel coronavirus. In Tamil Nadu, the health minister Subramanian had to issue a statement in 2021, warning people of strict police action in case they are found attacking doctors and nurse in a moment of passion over losing a dear one to the virus. This marked a spike in violence against medical personnel that has always existed in India.

According to a study by the Indian Medical Association (IMA), 75 percent of doctors in India have experienced violence at some point in their lives. This violence can manifest in various forms and intensities, ranging from verbal abuse, blackmail, and physical violence to unjust financial demands, such as reducing bills or charges. Unfortunately, if a patient's health deteriorates, worsens, or leads to death, it is often immediately perceived as a case of medical negligence, without considering factors like the patient's initial condition upon arrival at the hospital, the body's response to treatment, and other pre-existing conditions that may impact the outcome. Accusations against the attending doctor and hospital become the easiest path for family members to take. This highlights the crucial need for public awareness about distinguishing medical negligence from medical complications, judgment errors, mishaps or accidents, side effects, and the consequences of diseases or treatments.

The increasing incidents of violence against doctors and healthcare professionals highlight the urgent need for a comprehensive Hospital Protection Act and legitimises Kerala’s new Amendment. Such legislation would create a safe working environment, preserve patient care, address the culture of impunity, protect public trust in the healthcare system, and promote a harmonious doctor-patient relationship. By enacting this act, governments can demonstrate their commitment to safeguarding healthcare workers and upholding the right to access safe healthcare services, while promoting a culture of respect and collaboration within the healthcare sector.

Reference:

1. Government of Kerala - (https://prsindia.org/files/bills_acts/acts_states/kerala/2012/2012KERALA14.pdf)

Source-Medindia