The recent death of Dr. Archana Sharma, a well know gynaecologist, is not just a loss to the family but also a huge loss to the population of Dausa, Rajasthan where she was serving since years……

By Dr Vinay Aggarwal 

 

 

 

Today entire medical fraternity is in deep shock due to unprecedented loss of such a brilliant medical practitioner who always dedicates her life to save the millions of patients.

Dr Archana Sharma par excellence, a gold medalist, always scoring above 90% in academics, etc is no more with us. The rural area, about 70 kilometres from Jaipur, was served with love and dedication by the ex-Associate Professor of Gandhinagar Medical College. Today it has lost a shining star.

The recent incidents teach us violence against the doctors has become common in India. The causes are well known. Lack of government facilities, rising costs, media hype, political interference, unusual expectation of patients etc. We as a society have failed to educate our public that “Doctors are not God.”

Common man has the impression of “Noble Profession” as a free service. Add to this the irresistible urge of politicians and media to exploit the situation. It is very easy to blame the doctors and earn the sympathy of the grieving relatives. In Dr. Archana Sharma’s case too, it was done.

The patient’s body was taken to her village by the consent of her relatives, because they refused the post-mortem examination. It has to be, because police was informed of the death (as is always done) and it allowed the body to be taken. The local politicians brought the body back to Dausa and sat on Dharna outside the hospital.

Media was called and the dharna (protest) grew. The local police officers first tried for “compromise” but then registered a case under section IPC 302 not only to satisfy the politicians but also to threaten the doctor totally ignoring the Supreme Court Jugdement in Jacob Mathew vs State of Punjab and Ors: AIR(2005)SC 3180, an FIR for negligence cannot be registered unless the police authorities obtain an expert opinion either from SMC or MCI or District  Health Authorities.

This irresponsible and irrational decision taken by police affected Dr. Archana Sharma for being harassed absolutely wrongfully. Post partum haemorrhage is a known severe complication and so the Doctor shouldn’t even be asked why it happened. Instead Dr. Archana was accused of committing murder, that took a pre-meditated murder.

Section 302 can be invoked only when there is a “clear intent to kill,” and it involves planning before committing the crime. What intent would an established Doctor have to kill her patient? Can we say that it is calling as planned murder?

The Deputy Superintendent of Police Shankarlal Meena and SHO Ankesh Chaudhary should have the knowledge of Section 302. They should be asked, on what basis did they determine that the Doctors had “planned and willfully killed” the victim.

They should also be asked, why didn’t they solicit the opinion of a senior Government employed Gynaecologist in this case, before.

Are the officers of SHO and Deputy SP not aware of the Supreme Court judgment? Prima facie, it appears to be a infact gross “criminal negligence” by the local police. The police appear to have harassed the Doctor couple by invoking the charges of Murder. This charge is non-bailable offence and the imposition of 302 without any inquiry, without ascertaining any intent, without taking any expert opinion, the possibility of police using it for extraneous purposes cannot be ruled out.

The police personnel involved in the case should be removed from the force and a case of abetting the suicide of Dr. Archana Sharma should be filed against them. If they had indulged in other misdemeanors then those charges should be added.

The politicians who instigated the dharna should be expelled by the political parties and prosecuted for abetment of suicide, along with other charges.

Dr. Archana Sharma’s suicide ( supreme sacrifice)has the nation boiling. A strict Central law for prevention of violence against Doctors and medical facilities should immediately be passed by the ParliamentThe patients should also demand protection for their Doctors. Otherwise the day is not far away when Doctors would become scarce. It’s in the interest of the society to protect those whom they call ‘second to God.’

IMA(Indian Medical Association) Dausa , IMA Rajasthan & IMA (HQ) have a big responsibility now to take this case further and bring justice for our colleague Dr Archana Sharma’s family – and for the medical profession at large.

(The author is Past National President Indian medical Association)

 

What doctors say?

 

According to Dr A K Agarwal, Former Dean, Maulan Azad Medical College, New Delhi and Currently Medical Advisor, Innovation and Clinical Research, Apollo Group of Hospitals), a basic knowledge of how judicial forums deal with the cases relating to medical negligence if it happened. is of absolute necessity for the doctors. The need for such knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and perhaps rightly so.

 

 

Dr Girdhar Gyani, Director General, Association of Healthcare Providers India, said, “Judicial forums, while seeking to identify delinquents and delinquency in the cases of medical negligence, actually aim at striking a careful balance between the autonomy of a doctor to make judgments and the rights of a patient to be dealt with fairly.

In the process of adjudication, the judicial forums tend to give sufficient leeway to doctors and expressly recognize the complexity of the human body, inexactness of medical science, the inherent subjectivity of the process, genuine scope for error of judgment, and the importance of the autonomy of the doctors.

“The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with. Judicial forums have also signaled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist.” he added.

 

Dr.A.P.Setia, Past President IMA, Haryana

As per directives of the IMA HQ, Candle March was organized by IMA HISAR from Fountain Chowk to Town Park. And we registered the protest against the injustice met out to (Late) Dr.Archana Sharma and Dr.Suneet Upadhaya of Lalsot, Dousa.  We wish and hope that the authorities concerned shall pay heed to our request and needful shall be done.

However, we shall keep the flame of struggle alive till justice is awarded to our fellow colleague. Long live IMA!

United we stand, divided we fall!May I add that since both DR.J.P.S.NALWA and Dr.Sandeep Kalra had to go out of station for emergency , I had been assigned the duty to organise the Candle march.