January 18 2015, Sunday
IMA NEWS
Dear IMA Colleagues,
WORLD CANCER DAY is on 4th Feb.2015.

Cancer is a complex group of 100 plus diseases. Cancer is a major public health problem that affects people in every nook & corner of every country of the world regardless of caste, creed, economic or social status. The disease has impact not only on, the patient, but the whole family also suffers with him, and more so economically too. Unfortunately, most Indians have the pessimism that “Cancer means Death”, which is definitely, not true.

The Union for International Cancer Control (UICC) started the World Cancer Day to help save millions of preventable deaths each year by raising awareness and education about cancer, and pressing governments and individuals across the world to take action against the disease. It is observed on 4th Feb. every year, in almost the whole world.

There were 14.1 million new cancer cases, 8.2 million cancer deaths and 32.6 million people living with cancer (within 5 years of diagnosis) in 2012 worldwide. In India, one million new cases occurred in 2012 with 6.8 lakh deaths. We have 17.9 million people living with Cancer (within 5 years of diagnosis). A WHO report shows that Cancer mortality in India has been growing by 11percent annually. Breast Cancer is becoming more common in 30s & 40s, and the rates are also increasing in India.

World Cancer Day 2015: Taking place under the tagline ‘NOT BEYOND US’, World Cancer Day 2015 will take a positive and proactive approach to the fight against cancer, highlighting that solutions do exist across the continuum of cancer, and that they are within our reach. World Cancer Day is a unique opportunity to raise awareness that there is much that can be done at an individual, community and governmental level, to harness and mobilize these solutions and catalyze positive change. By moving forward together we have the potential to show: Cancer. It is not beyond us.

Prevention of Cancer
Ensuring the availability of, and access to, early detection programs for cancer can significantly reduce the cancer burden in all countries. Lifestyle modifications namely abstinence from tobacco, limited consumption of alcohol, regular exercises, healthy diet with good food habits, safe environment, maintaining healthy weight-avoiding obesity and vaccination against Hepatitis B have always been stressed to prevent cancer.

Forty percent of cancers can be prevented, and one-third of cancers can be cured through early diagnosis and treatment. The economic costs of lost life years due to cancer exceed that of any other disease.

All branches are advised to observe WORLD CANCER DAY -arrange exhibitions, distribute pamphlets, take out rallies, hold Press conference, organize Cancer Detection Camps etc.

Please do email a report of the activity along with photographs to IMA HQ with a copy to dilipacharya@gmail.com.

Dr Marthanda Pillai, National President, IMA
Dr K K Aggarwal, Hony. Secretary General, IMA
Dr Dilip Kumar Acharya, Chairman-IMA National Cancer & Tobacco Control Committee.
editorial
Cough and Cold
Dr KK Aggarwal
  • Cough and cold are common in winter and should not be ignored.
  • Throat pain without cough is usually bacterial in origin and needs medical attention.
  • Soar throat with cough is viral in origin and requires no antibiotics.
  • A red-angry looking throat is a dangerous sign and needs urgent medical attention.
  • Do not give aspirin for fever in children.
  • Warm saline gargles can be effective in soar throat.
  • Cough not responding to treatment can be due to acidity.
  • Cough can be the only sign of asthma.
  • One should not cough in handkerchief or in the fist or in hand.
  • One should always cough on the side sleeves of the shirt.
  • A person who is coughing should stay 3-6 feet away from other persons.
  • People who are coughing should not be allowed to go in crowded places.
  • Cough syrups, whether Ayurvedic, allopathic or homoeopathic, may be effective.
  • Cough lasting for more than two weeks should not ignored.
  • No vitamin or herbal products have been shown conclusively to reduce the incidence of common cold.
  • Saline nasal wash is good for common cold.
  • In the absence of secondary bacterial infection, no antibiotics are required in common cold.
  • Vitamin E prophylaxis does not help in prevention of common cold.
eMedipics
 
IMA,IJCP,HCFI
Health Check Up and CPR 10 Camp at G B S S School, No-2, Ambedkar Nagar on 19th December 2014
IMA in Social Media
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www.indianmedicalassociation.info
IMA,IJCP,HCFI
Quote of the Day
There are no secrets to success. It is the result of preparation, hard work learning from failure. General Colin Powell
News on Maps
CPR 10
Total CPR since 1st November 2012 – 101090 trained
IMA Facebook Likes
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 27791 likes
Twitter of the Day
Dr KK Aggarwal: More women than men die in hospital from severe heart attack http://bit.ly/11fBk8a #Health
Dr Deepak Chopra: The universe evolves in a propagating now. Present moment awareness allows us to glimpse change in the midst of change #CosmicConsciousness
Rabies News (Dr A K Gupta)
Is it essential to perform skin sensitivity test prior to the administration of ERIG?

Majority of reactions to ERIG result from complement activation and are not IgE mediated and will not be predicted by skin testing.
The recent WHO recommendation states that there are no scientific grounds for performing a skin test prior to the administration of ERIG, because testing does not predict reactions and ERIG should be given whatever the result of the test.
However, skin test is mandatory to avoid any possible litigation under Consumer Protection Act (COPRA) in India.
THE DRUGS AND COSMETICS (AMENDMENT) BILL, 2015
 
(a) the form and manner for conducting clinical trial under section 4A;
 
(b) the norms and procedure for approval of any clinical trial by the Ethics Committee under sub-section (1) of section 4F;
 
(c) the manner in which the Central Licensing Authority shall review the approval granted by the Ethics Committee for continuance of clinical trial under sub-section (2) of section 4G;
 
(d) the norms and procedures for deciding whether injury or death of a trial participant has been caused due to clinical trial, under section 4B;
 
(e) the norms and procedures for providing medical treatment to the trial participants under section 4C;
 
(f) the norms and procedures for registration of Ethics Committees under section 4E;
 
(g) additional functions and responsibilities of the Ethics Committee under subsection (5) of section 4F; and
 
(h) the norms and procedures for conducting inspections relating to conduct of clinical trials under sections 4H and 4-I:
 
Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation.
Chapter not to apply to Ayurvedic, Homeopathy, Siddha or Unani Drugs.
4V. Nothing contained in this Chapter shall apply to Ayurvedic, Siddha or Unani drugs.”
Substitution of new Chapter heading For Chapter II Heading.
9. In Chapter II of the principal Act, for the Chapter heading, the Chapter heading
“TECHNICAL ADVISORY BOARDS, CENTRAL DRUGS LABORATORIES AND CONSULTATIVE COMMITTEE” shall be substituted.
Amendment of Section 5.
10. In section 5 of the principal Act,-
 
(a) in sub-section (1),-
 
(i) for the words and brackets “as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board)”, the words “by notification, constitute a Board to be called the Drugs Technical Advisory Board” shall be inserted;
 
(b) for sub-section (2) to sub-section (7), the following sub-sections shall be substituted, namely:-
 
“(2) The Board shall consist of the following members, namely:-
 
(i) the Director General of Health Services, ex officio, who shall be Chairperson;
 
(ii) the Drugs Controller General of India, ex officio, who shall be Member Secretary;
 
(iii) one Director of the Central Drugs Laboratory to be nominated by the Central Government, ex officio;
 
(iv) one expert to be nominated by the Department of Animal Husbandry and Dairy;
 
(v) three experts to be nominated by rotation by the Central Government from amongst persons who are in charge of drugs control in the State Government;
 
(vi) one expert, to be nominated by the Executive Committee of the Pharmacy Council of India, from amongst teachers in pharmaceutical sciences;
 
(vii) one expert, to be nominated by the authority established for regulating the medical education, from amongst teachers in medicine or therapeutics;
 
(viii) two persons to be nominated by the Central Government from the pharmaceutical industry;
 
(ix) one pharmacologist to be nominated by the Department of Health Research;
 
(x) one person to be nominated by the Central Council of the Indian Medical Association;
 
(xi) one expert to be nominated by the Central Council of the Indian Pharmaceutical Association;
 
(xii) two Government Analysts to be nominated by rotation by the Central Government;
 
(xiii) the Director of the National Institute of Biologicals, ex officio;
 
(xiv) the Secretary-cum-Scientific Director, Indian Pharmacopoeia Commission, ex officio;
 
(xv) one expert to be nominated by the Department of Pharmaceuticals;
 
(xvi) one expert to be nominated by the Department of Bio-technology;
 
(xvii) one expert to be nominated by the Central Government from the medical institutions involved in the conduct of clinical trials;
 
(xviii) one person to be nominated by Union Ministry dealing with Consumer Affairs from amongst consumer associations.
 
(3)The nominated members of the Board shall hold office for a period of three years but shall be eligible for re-nomination:
Provided that no member shall be eligible for nomination for more than two consecutive terms.
Provided further that a member nominated under sub-section (1) by virtue of his holding an office in the Government shall hold office on Board so long as he holds the appointment of the office by virtue of which he was nominated to the Board.
 
(4) The procedure for conduct of business of the Board shall be such as may be prescribed.
 
(5) The Board may constitute sub-committees and may appoint to such subcommittees, persons who are not members of the Board for such periods not exceeding three years, as it may decide, for the consideration of particular matters
 
(6) The functions of the Board may be exercised notwithstanding any vacancy therein.
Insertion of new section 5A.
11. After section 5 of the principal Act, the following section shall be inserted, namely:-
Constitution of Medical Devices Technical Advisory Board
“5A. (1) The Central Government shall, by notification, constitute a Board to be called the Medical Devices Technical Advisory Board to advise the Central Government and State Governments on technical matters pertaining to medical devices, arising out of administration of this Act and to carry out other functions assigned to it by or under this Act.
 
2) The Board shall consist of the following members, namely:-
 
(a) the Director General, Indian Council of Medical Research, ex officio, who shall be the Chairperson;
 
(b) the Drugs Controller General of India, ex officio, who shall be the Member Secretary;
 
(c) one expert each from the following, having qualifications and experience in the field of medical devices, to be nominated by-
 
(i) the Department of Science and Technology;
 
(ii) the Department of Atomic Energy;
 
(iii) the Department of Electronic and Information Technology;
 
(iv) the Central Government testing laboratories responsible for testing of medical devices;
 
(v) the Department of Pharmaceuticals;
 
(vi) the Bureau of Indian Standard;
 
(vii) the Defence Research and Development Organisation;
 
(viii) one expert to be nominated by the Indian Pharmacopoeial Commission or any other standards setting body as may be constituted by or with approval of the Central Government;
 
(d) one expert from the field of biomedical technology from recognised technical educational institutions, to be nominated by the Central Government;
 
(e) one expert from the field of biomaterial or polymer technology from recognised technical educational institutions, to be nominated by the Central Government;
 
(f) one person to be nominated by Union Ministry dealing with Consumer Affairs from amongst consumer associations;
 
(g) one pharmacologist to be nominated by the Central Government from recognised medical or research institute in the field of medical devices;
 
(h) one expert to be nominated by the Central Government from recognised medical or research institute from amongst person involved in conduct of clinical trials;
 
(i) four experts to be nominated by the Central Government from the medical device industry including in-vitro diagnostics industry
 
(3)The nominated members of the Board shall hold office for a period of three years but shall be eligible for re-nomination:
Provided that no member shall be eligible for nomination for more than two consecutive terms.
Provided further that a member nominated under sub-section (1) by virtue of his holding an office in the Government shall hold office on Board so long as he holds the appointment of the office by virtue of which he was nominated to the Board.
 
(4) The procedure for conduct of business of the Board shall be such as may be prescribed
 
(5) The Board may constitute sub-committees and may appoint to such subcommittees, persons who are not members of the Board for such periods not exceeding three years, as it may decide, for the consideration of particular matters
 
(6) The functions of the Board may be exercised notwithstanding any vacancy therein
eMedinewS Humor
Successful Marriage
A couple had been married for 45 years and had raised a brood of 11 children and were blessed with 22 grandchildren. When asked the secret for staying together all that time, the wife replies, "Many years ago we made a promise to each other: the first one to pack up and leave has to take all the kids."
Make Sure
Situation: A patient of pulmonary Koch’s on ATT complained of numbness in fingers and toes.
Reaction: Oh my God! I forgot to prescribe vitamin B complex.
Lesson: Make sure that in patients talking ATT (including INH) B–complex vitamins (especially vitamin B6) are prescribed to prevent neuropathy. Addition of antioxidants and multivitamins also boost the immune system.
Media
IMA,IJCP,HCFI
Sameer Malik Heart Care Foundation Fund
The Sameer Malik Heart Care Foundation Fund is a one of its kind initiative by the Heart Care Foundation of India instituted in memory of Sameer Malik to ensure that no person dies of a heart disease because they cannot afford treatment. Any person can apply for the financial and technical assistance provided by the fund by calling on its helpline number or by filling the online form.

Madan Singh,

SM Heart Care Foundation Fund, Post CAG
https://www.youtube.com/watch?v=Mc3kKDXKWvs
Kishan, SM Heart Care Foundation Fund,
Post CHD Repair
https://www.youtube.com/watch?v=OTEG7toVkAQ
Deepak, SM Heart Care Foundation Fund,
CHD TOF https://www.youtube.com/watch?v=rjOel0aaqt0
IMA in the News
  • IMA, Healthcare Federation of India to develop Code of Ethics for healthcare sector: ETHealthworld.com
  • IMA, Healthcare Federation to develop Code of Ethics for healthcare sector: WellnessIndia.com
  • IMA collaborate with NATHEALTH: Biospectrumindia.com
The Year in Medicine 2014: News That Made a Difference
11. Doc Fix and ICD-10 Delays

At the end of March, Congress once again delayed a scheduled substantial pay cut for physicians who see Medicare patients. At the same time, legislators also delayed implementation of the new diagnostic code system known as ICD-10. Leading physician groups favored the delay, estimating that the new codes could cost small practices significantly more than in previous estimates. Hospital associations and health information technology professionals, however, believe that postponing the implementation of ICD-10 will also be very costly and counterproductive for organizations that have long been preparing for this transition. Regarding Medicare reimbursement, it's still possible that this year's lame duck Congress may repeal and replace the sustainable growth rate formula (SGR) that controls physician pay with a new "doc fix. (Source: Medscape)
News around the Globe
  • A new Endocrine Society clinical-practice guideline on the pharmacological management of obesity has delineated a plan for the use of weight-loss agents as well as for shifting away from drugs to treat other conditions that promote weight gain. The guideline was published online January 15 in the Journal of Clinical Endocrinology and Metabolism.
  • Screening large birth cohorts for hepatitis C (HCV) would be cost-effective, suggests a new Canadian study. However, other experts point that the long-term effects of screening and treatment of asymptomatic adults are not known and could do more harm than good. The report is published online January 12 in the Canadian Medical Association Journal.
  • Physicians may be able to predict which patients with knee osteoarthritis (OA) will develop severe pain by determining whether meniscal lesions are contributing to neuropathic pain (NP) in the knee, suggests an article published online in Arthritis Research & Therapy.
  • Patients with esophagus and gastroesophageal junction cancers who have minimally invasive esophagectomy may live longer than those who have open or hybrid esophagectomy (OHE), suggests new research published online in the Journal of the American College of Surgeons.
  • Sitafloxacin, with or without minor surgery, controls infection in patients with bisphosphonate-related necrosis of the jaw and contributes to healing in most patients, suggests new research published online in Bone.
Dr KK Spiritual Blog
Let the mud settle down

Once, Buddha while travelling happened to pass a lake. Buddha told one of his disciples, I am thirsty. Do get me some water from that lake there.

The disciple noticed that some people were washing clothes in the water and, right at that moment, a bullock cart started crossing through the lake. As a result, the water became very muddy, very turbid. The disciple thought, how can I give this muddy water to Buddha to drink! So he came back and told Buddha, The water in there is very muddy. I don’t think it is fit to drink.

After about an hour later Buddha asked the same disciple again to go back to the lake and get him some water to drink. This time the disciple found that the lake had absolutely clear water in it. The mud had settled down and the water was fit for drinking. So he collected some water in a pot and brought it to Buddha.

Buddha looked at the water and said, See what you did to make the water clean. You let it be … and the mud settled down on its own and you got clear water… Your mind is also like that. When it is disturbed, just let it be. Give it a little time. It will settle down on its own. You don’t have to put in any effort to calm it down. It will happen. It is effortless.
Inspirational Story
The Gift from God

It was a warm summer day when God placed it in her hands. She trembled with emotion as she saw how fragile it appeared. This was a very special gift that God was entrusting to her. A gift that would one day belong to the world. Until then, He instructed her, she was to be its guardian and protector. The woman said she understood and reverently took it home, determined to live up to the faith God had placed in her.

At first she barely let it out of her sight, protecting it from anything she perceived to be harmful to its well- being; watching with fear in her heart when it was exposed to the environment outside of the sheltered cocoon she had formed around it. But the woman began to realize that she could not shelter it forever. It needed to learn to survive the harsh elements in order to grow strong. So with gentle care she gave it more space to grow...enough to allow it to grow wild and untamed.

One day she became aware of how much the gift had changed. It no longer had a look of vulnerability about it. Now it seemed to glow with strength and steadiness, almost as if it were developing a power within. Month after month she watched as it became stronger and more powerful, and the woman remembered her promise. She knew deep within her heart that her time with the gift was nearing an end.

The inevitable day arrived when God came to take the gift and present it to the world. The woman felt a deep sadness, for she would miss its constant presence in her life. With heartfelt gratitude she thanked God for allowing her the privilege of watching over the precious gift for so many years. Straightening her shoulders, she stood proud, knowing that it was, indeed, a very special gift. One that would add to the beauty and essence of the world around it. And the mother let her child go.
Cardiology eMedinewS
  • A study of portable ultrasound conducted in the USA, Canada and India has revealed the potential of this technology for detecting plaques in peripheral arteries that can lead to heart attacks and stroke before symptoms arise, in both developed and developing country settings, thus enabling preventive treatment in those affected. The study is published in Global Heart.
  • Researchers at the Montreal Heart Institute have shown that patients with cardiovascular disease and the appropriate genetic background benefit greatly from the new medication dalcetrapib, with a reduction of 39% in combined clinical outcomes including heart attacks, strokes, unstable angina, coronary revascularizations and cardiovascular deaths. The results are published in the journal Circulation Cardiovascular Genetics.
Pediatrics eMedinewS
  • Higher cognitive skills are found in the children of mothers who are consistently able to support the development of their baby's sense of autonomy, according to a new study published in the Journal of Child and Family Studies.
  • A new study published in Preventive Medicine shows that holding recess before lunchtime, can increase fruit and vegetable consumption by 54%.
Wellness Blog
Obesity reduces life expectancy

Obesity in adulthood is associated with a striking reduction in life expectancy for both men and women. Among 3457 subjects in the Framingham Study, done in the United States, those who were obese (Body Mass Index or BMI =30 kg/m2 at age 40 years lived 6 to 7 years less than those who were not (BMI =24.9 kg/m2).

Those who were overweight (BMI 25 to 29.9 km/m2) at age 40 years lived about 3 years less, and those who were both obese and smoked lived 13 to 14 years less than normal–weight nonsmokers.

The steady rise in life expectancy during the past two centuries may come to an end because of the increasing prevalence of obesity.

Being overweight during adolescence also increase the risk of premature death as an adult. The analysis of Nurses’ Health Study has shown the risk of premature death increases with higher BMIs at age 18 years. For a BMI at age 18 of 18.5 to 21.9, 22 to 24.9, 25 to 29.9, and =30 kg/m2, the hazard ratio for premature death were 0.98, 1.18, 1.66, and 2.79, respectively.

A prospective study from the United States, at National Cancer Institute, National Institutes of Health, Bethesda, valuated the relationship between BMI and risk of death over a maximum follow–up period of 10 years among over 500,000 men and women aged 50 to 71 years.

Among the subset of individuals 50 years of age (when prevalence of chronic disease is low) who had never smoked, an increased risk of death was associated with being either overweight (20 to 50 percent increase in those between 26.5 to 29.9 kg/m2) or obese (two– to over threefold increase in those =30 kg/m2).

Overweight and obesity, when analyzed together, is associated with increased mortality from diabetes and kidney disease.

Obesity, when analyzed alone, is associated with increased cardiac mortality and cancers considered to be obesity–related (colon, breast, esophageal, uterine, ovarian, kidney, and pancreatic cancer), but not with mortality from other cancers or non–cardiac mortality.

There are some recent studies which showed that obese people live longer. Overweight was shown to be associated with reduced mortality from non cancer, non–cardiovascular causes, but not with cancer or cardiovascular mortality. In them being underweight was associated with increased mortality from non cancer and non–cardiac causes, but not cancer and cardiac CVD causes.

Obesity and increased central fat are associated with increased morbidity in addition to mortality. Overweight and obese individuals have a higher relative risk of hypertension, hypercholesterolemia, and diabetes mellitus compared with normal weight individuals. The risk of hypertension and diabetes increases with increasing BMI.

In the Nurses’ Health and the Health Professionals studies, the risk of developing a chronic disease (gallstones, hypertension, heart disease, colon cancer and stroke (in men only)) increased with increasing BMI, even in those in the upper half of the healthy weight range (BMI 22.0 to 24.9 kg/m2).

Obesity is measured by using a measurement called BMI, which is calculated by dividing a person’s weight in kilograms by the square of their height in meters.

A BMI of 18.5 to 23 is considered normal (Asians). One below 18.5 is considered underweight and 25 or above is considered obese.
eMedi Quiz
In a patient with a tumor in superior mediastinum compressing the superior vena cava, all the following veins would serve as alternate pathways for the blood to return to the right atrium, except:
1. Lateral thoracic vein.
2. Internal thoracic vein.
3. Hemiazygos vein.
4. Vertebral venous plexus.
Yesterday’s Mind Teaser: Beta-oxidation of odd-chain fatty acids produces:
1. Succinyl CoA.
2. Propionyl CoA.
3. Acetyl CoA.
4. Malonyl CoA.
Answer for yesterday’s Mind Teaser: 2.Propionyl CoA.
Correct Answers received from: Daivadheenam Jella, Dr Avtar Krishan, Dr Jainendra Upadhyay.
Answer for 16th Jan Mind Teaser: 3. Leaves extension at elbow joint intact.
Correct Answers receives: Raju Kuppusamy, Dr K V Sarma, Dr Avtar Krishan, Dr Poonam Chablani.
Events
IMA,IJCP,HCFI
Medicolegal
IMA,IJCP,HCFI
Dr Good Dr Bad
IMA,IJCP,HCFI
Video of the Day
Dr K K Aggarwal head on with Arnab Goswami of Times Now on MCI Issues
h t t p : / / w w w . t i m e s n o w . t v / D e b a t e -
WhistleblowerDumped/videoshow/4468283.cms

Heart Care Foundation of India announces the Mrs Abheeta Khanna Oration on Excellence in Sports and Health
https://www.youtube.com/watch?v=6Ktz5-iUINE

Betiyan Hain Anmol, Bachao Dil Se, Medanta joins hands with Heart Care Foundation of India
https://www.youtube.com/watch?v=TGEGauzE0kg
IJCP Book of Medical Records
IJCP Book of Medical Records Is the First and the Only Credible Site with Indian Medical Records.
If you feel any time that you have created something which should be certified so that you can put it in your profile, you can submit your claim to us at: www.ijcpbookofmedicalrecords.com
  • First person and NGO to trained Maximum Number of Police People trained in Hands only CPR10 in one day
  • "First NGO and doctor to provide "hands on training" to 11543 people in "Hands Only CPR 10" in one day.
  • First individual doctor and NGO to provide "hands on training" to 8913 females in "Hands Only CPR 10" in one day.
IJCP’s ejournals
  • Indian Journal of Clinical Practice
  • Indian Journal of Multidisciplinary Dentistry
  • Asian Journal of Diabetology
  • Asian Journal of Critical Care
  • Asian Journal of Clinical Cardiology
  • Asian Journal of Obs & Gyne
  • Asian Journal of Paediatric Practice
  • Asian Journal of Ear Nose and Throat
Press Release of the Day
Inform police pan India to follow Supreme Court guidelines regarding criminal complaints against doctors: IMA

In a letter written to Hon’ble Home Minister, Shri Rajnath Singh, the Indian Medical Association has requested the Home Minister to intervene and direct all Police Heads of every State through their respective Home Secretaries to implement the Supreme Court guidelines regarding criminal medical negligence complaints against medical doctors.

Giving details, Padma Shri Awardee Dr A Marthanda Pillai and Padma Shri Awardee Dr K K Aggarwal Honorary Secretary General IMA and President Heart Care Foundation of India said that in his decision on a Civil Writ Petition in the High Court of Punjab & Chandigarh, the Director, Bureau of Investigation, Punjab & Chandigarh has issued directions to all Police Heads in Punjab & Chandigarh in this regard and has enclosed the Supreme Court judgment ‘Jacob Mathew Vs. State of Punjab and Anr and Civil Appeal No.3541 of 2002, titled as ‘Martin F. D’Souza Vs. Mohd. Ishfaq’, to all Police Heads.

In its judgment in the case of Martin F. D’Souza Vs. Mohd Ishfaq, the Hon’ble Supreme Court has passed directions as under:-

…. “124, it must be remembered that sometimes despite their best efforts the treatment of a doctor falls. For instance, sometimes despite the best effort of a surgeon, the patient dies. That does not mean that the doctor or the surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he is.”….

In the case of ‘Jacob Mathew Vs. State of Punjab an Anr, the Judgment is as under:

“We propose to lay down certain guidelines for the future which should govern the prosecution of doctors for offences of which criminal rashness or criminal negligence is an ingredient. A private complaint may not be entertained unless the complainant has produced prima face evidence before the Court in the form of a credible opinion given y another competent doctor to support he charge of rashness or negligence on the part of the accursed doctor. The investigating officer should, before proceeding against the doctor accused of rash of negligent act or omission, obtain an independent and competent medical opinion preferably form a doctor government service qualified that branch of medical practice who can normally be expected to given an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation. A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been leveled against him). Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.”

The Director, Bureau of Investigation has written as follows:-

“It is hereby directed that the directions issued by the Hon’ble Supreme Court of India, in the above said Criminal Appeal Nos. 144-145 titled as titled ‘Jacob Mathew Vs. State of Punjab and Anr, and, Civil Appeal No.3541 of 2002, titled as ‘Martin F. D’Souza Vs. Mohd. Ishfaq’, be circulated to all the SHOs and Investigating Officers under your jurisdiction, for meticulous compliance of the same.”
Reader Response
  • A humble suggestion… instead of making rural service compulsory for youngsters, retired and elderly doctors who do not do anything or have no outlet after retirement should be offered to join services. They will be more empathetic and use their expertise judiciously. It is difficult for young and aspiring doctors to work in rural areas as their PG is of no use there. Regards, Dr Jindal
  • I really appreciate the contents. Best regards, Dr. K. Ravi Kumar