Doctor cannot be criminally tried for procedural lapses on Form F.

In a landmark judgement of Govt of Maharashtra vs Dr Shiradkar, the Aurangabad division of Mumbai High Court passed judgement that doctor cannot be criminally tried for procedural lapses on Form F.
" It appears that in the instant case what has been observed as above, not followed. The case has been instituted solely on the basis of report of the Vigilance Committee without investigating the matter and collecting the requisite material to prosecute the petitioner. The Appropriate Authority has failed to discharge its obligation as contemplated u/s 17(4) of PCPNDT Act before lodging the complaint against the petitioner. It is not out of place to observe that sometime such casual approach of the Authority to invariably file sgp 24 WP1381.2015 complaints without proper inquiry, investigation & due application of mind leads to unnecessary criticism of the provisions of PCPNDT Act & Rules framed there under by the persons from the field of Medical profession. It is expected that the legal action must follow based upon sufficient material to establish that there was a violation of provisions of PCPNDT Act and Rules there under. Inadvertent mistakes committed during the course of maintaining record, lacunae and omission in filling up certain information in detail in the requisite forms needs to be considered in a proper perspective. Only after holding inquiry, if it is found that such lapses have been committed with any intent or motive to misuse the techniques and such professioner indulges into acts prohibited under the law, then stringent provisions of such act must be invoked and Appropriate Authority shall ensure that such persons are punished. Mistakes committed without any criminal intent and merely in the nature of procedural lapses needs to be properly understood before taking drastic action of initiating criminal prosecution against a person in the field of Medical profession. In an appropriate case, if the authority is satisfied that the mistakes were inadvertent and there was no criminal intent behind such procedural mistakes then such person be asked to rectify the mistakes and if necessary, such person be appropriately given understanding not to commit such procedural lapse. If there is persistent defaults and lapses on the part of such person, then recourse to stringent provision to prosecute such person may be taken. If such precautions are taken before lodging the prosecution against a person in the field of Medical profession, it would help to remove the fear in the mind of medical profession doing their work with utmost honesty, sincerity and due observance of medical ethics and code of conduct sgp 25 WP1381.2015 laid down under the PCPNDT Act being subjected to face unnecessary humiliation, harassment and criminal prosecution. "

Work. Walk 5 Minutes. Work.

Stuck at your work desk? Standing up and walking around for five minutes every hour during the workday could lift your mood, combat lethargy without reducing focus and attention, and even dull hunger pangs, according to an instructive new study.

The study, which also found that frequent, brief walking breaks were more effective at improving well-being than a single, longer walk before work, could provide the basis for a simple, realistic New Year’s exercise resolution for those of us bound to our desks all day.

There is growing evidence, of course, that long bouts of uninterrupted sitting can have undesirable physical and emotional consequences. Studies have shown that sitting motionless reduces blood flow to the legs, increasing the risk for atherosclerosis, the buildup of plaques in the arteries.

People who sit for more than eight or nine hours daily, which for many of us describes a typical workday, also are at heightened risk for diabetes, depression and obesity compared with people who move more often.

CBAT under PC&PNDT act

Latest Legal Status of CBAT under PCPNDT Act (Updated on 10^th May 2016)

Judgement of Hon’ble Delhi high court on 17^th Feb. 2016 has declared Rule 3(3)(1)(b) of the PNDT rules as ultra vires (Done beyond one’s power: In this case central government).

It means that an MBBS doctor can perform ultrasound without any further degree or competency test.

More over competency based assessment test under PCPND act has been quashed.

Legal experts of PCPNDT act infer that the decision will be binding to every state government and no state government can make CBAT compulsory for Sonologists to continue their registration beyond December 2016. However, if any party (Government of India or IRIA) appeals to Hon’ble Supreme court and a stay order is given by the apex court the then law will be considered existing till next judgement. If there is no judgement given till Dec 2016 Sonologists will have to appear in CBAT and clear it to continue their registration irrespective of the fact what will be the future judgement by the apex court.

The present status is that IRIA has moved to Supreme Court. In the last hearing the Apex court has not given stay order as all parties were not present.

The Court has ordered the case to be started fresh after giving notices to all concerned groups.

Almost all states are preparing to conduct the examination. Syllabus has been framed and question paper is being set.

However nowhere date of examination has been announced.  Perhaps state governments are waiting for response of the apex court. If stay order is granted or Delhi High court order is reversed they will conduct the examination.  If Delhi High court order is retained this test will be quashed forever.

C-section increases chances of death - study

Birth / 5 September 2006, 12:03pm

Los Angeles - A Caesarean delivery more than triples a woman's risk of dying in childbirth compared to a vaginal birth, according to a new study from France.
The risk is still quite small, but many developed countries have seen a dramatic rise in the number of Caesareans performed each year as more women elect to avoid a vaginal delivery.
Researchers, led by Catherine Deneux-Tharaux of the Maternite Hopital Tenon in Paris, looked at 65 maternal deaths recorded in the French National Perinatal Survey from 1996 to 2000.
All of the deaths followed births of a single child and were not due to conditions existing prior to delivery. The women had also not been hospitalised during pregnancy.
The researchers found that the risk of death - from blood clots, infection or complications from anaesthesia - was 3,6 times higher for women who had Caesareans.
The risk of death after childbirth was increased whether or not the Caesarean was performed before the onset of labour or during labour.
The study was published in the September issue of Obstetrics & Gynecology.
Although rates of maternal death in most developed countries are relatively low - United States women have a 1 in 3 500 chance of pregnancy-related death - the incidence of maternal mortality has not significantly decreased in the last two decades, according to American College of Obstetricians and Gynecologists.

Doctors convicted by SC under MCI Code of Ethics Regulation 7.5

                          

                          Dec 22, 2016: The Supreme Court has convicted two senior doctors of a private hospital in Gurgaon for contempt of court for providing "medical asylum" to a former Haryana MLA who was allowed to be admitted in the hospital for 527 days without any ailment in order to frustrate the court's order to send him behind bars in a murder case.
                           A bench of Chief Justice TS Thakur and Justices R Banumathi and UU Lalit held that the doctors — Dr Munish Prabhakar and Dr K S Sachdev — and former MLA Balbir had tried to obstruct administration of justice as there was no medical reason to justify his admission in the hospital for such a prolonged period. It directed them to be personally present in the court when it will decide the quantum of punishment for contempt of court.
                           Such incidents harm the image of the medical profession in the society. Giving false certificates, medical asylum, filing false Mediclaim forms all spoil the image of the profession. Both doctors are convicted. Regulation 7.5 “Conviction by Court of Law: Conviction by a Court of Law for offenses involving moral turpitude / Criminal acts”. Such conviction amounts to professional misconduct.