13 April,2011 06:33 AM IST | | Kaumudi Gurjar
Motor Vehicle Act has provision to take to task docs refusing to treat accident victims, but awareness on it remains low
Not many of us know it, but penal action can be taken against doctors denying treatment to accident victims. However, in the last 15 years only one doctor has been punished under this provision of the Motor Vehicle Act, and that too when a veteran journalist raised a stink.
Reacting to MiD DAY's report on three hospitals denying treatment to a 14-year-old accident victim Chaitraly Tanaji Wanjale, the Accident Prevention Committee of Maharashtra (APCM) expressed concerns saying that the provisions of the Motor Vehicle Act should be used widely to bring errant doctors to book. Eminent members associated with the Pune Bar Association and Pune Chapter of Indian Medical Association also said the hospitals should not deny accident patients who need emergency medical aid.
Chandmal Parmar, a member of APCM, said the there no change in situation in the last 15 years.u00a0 "15 years ago, a doctor-in-charge of a hospital on Sinhagad road was booked under section 134 of the Motor Vehicle Act on charges of denying treatment to an accident victim. Owing to lack of awareness, a veteran journalist had to take great efforts to get the case registered at a police station then. But the situation has not changed even now. Citizens don't lodge a complaint against hospital or doctors showing disregard to accident victims."
Dr Ambrish Shahade, president of IMA (Pune), agreed denying treatment to accident victims was a crime, but said not all hospitals had the adequate facilities to stabilise patients. "It should be remembered that not all hospitals have the facilities to stabilise the patient and hence they often ask to shift the patient to bigger hospitals. Many times the persons accompanying patients are quite aggressive and not in a mood to listen, so doctors prefer shifting the patient to a bigger hospital."
Noted lawyer Milind Pawar said: "If hospitals refuse treatment to accident victims, then it's definitely an offence. Even non-availability of beds is not enough reason for denying treatment."
Superintendent of Police (Highways) Dilip Bhujbal said denial of treatment was the biggest problem the police had to contend with, especially along the Pune-Mumbai expressway and the old highway.
"The infrastructure company managing both the highways had tied up with hospitals on this route to ensure immediate treatment to patients, but if the same is not being taken care off it's a cause for concern," Bhujbal said. "We are also working on an integrated approach and a meeting chaired by Divisional Commissioner Dilip Band regarding this issue is scheduled for next week."
What the Motor Vehicle Act says
Section 134 of the Maharashtra Motor Vehicles Act, 1988 says, "The driver of the vehicle involved in the accident should take all reasonable steps to secure medical attention for injured person by carrying him to the nearest medical practitioner or hospital and it shall be the duty of every medical practitioner or doctor on duty in the hospital to immediately attend to the injured person, render medical aid or treatment without waiting for any procedural formalities unless the person or guardian desires otherwise." For those not complying with the above, Section 187, of the same act says "The offender can be imprisoned for a term which may extend to three months or fine which may extend to Rs 500 or both and for the second offence, imprisonment for six months or fine of Rs 1,000 or both.'
