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26th May, 2017
Indian Penal Code & Criminal prosecution of medical doctors

According to the provisions of Indian Penal Code 1860 (IPC) any act of commission or omission is not a crime unless it is accompanied by a "guilty mind" or mens rea. If it can be established without reasonable doubt that death was the result of malicious intention/gross negligence or with the knowledge that the act could cause harm and patient was not informed about the same, only then can a doctor can be charged with criminal negligence. No doctor treats a patient with an intention to harm or without taking an informed consent.
 
Doctors must be aware of the Indian Penal Codes, under which they can be charged for negligence. They should know whether the act undertaken by them amounts to rash or gross negligent action under the provisions of the law of the country. This is very relevant today, where doctors are increasingly being subject to criminal prosecution.
 
Is the act done in good faith with proper consent?
 
IPC 88: Act not intended to cause death, done by consent in good faith for person's benefit
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IMA demands allocation of 5% of GDP to the health budget
Says only a quantum increase in allocations can secure the future of quality healthcare in the country

New Delhi, 25 May 2017: In what can be called as one of the demands leading up to IMA's Dilli Chalo movement to be organized on 6th June 2017, the IMA has urged the government to consider allocating 5% of the GDP to the health budget. The Dilli Chalo movement is being organized to bring forth the atrocities faced by the medical fraternity with the IMA members joining the movement in entirety. The march will be undertaken by over a lakh doctors in the country, both digitally and physically, and followed by deliberations on issues ailing the medical profession.
 
IMA is undertaking intensive lobbying in the month of May to raise national awareness on issues plaguing the medical fraternity, one of them being the lack of adequate funds for healthcare.
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