Along with medical treatment and legal treatment

Physicians should also seriously consider the rights of citizens and provisions of the constitution. Because physicians are also fundamentally citizens and consumers. Second, the closure of essential service areas such as hospitals undermines citizens' right to health. Therefore, in the coming days, doctors should creatively carry out pressure programs in case of protests again.

Ashad 25, 2082

Editorial

Along with medical treatment and legal treatment

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The doctors who started protesting by suspending the health services have suspended the movement for the time being. It has been agreed to study the demands raised by them within a week and address the demands based on the suggestions received.

Even though the doctors have returned to regular services for now, the sensitivity of their demands, the style of protest they have adopted and the questions raised about the situation that may recur in the future will have to be discussed now. The consumer court formed last March ruled that the treatment was 'medically negligent' and ordered the hospital and the doctors involved in the treatment to pay compensation in three different cases.

Three of the cases registered with questioning about health treatment have been decided, but the full text has not yet come out. Therefore, the details of the arguments, facts, references and grounds given by the court in the judgment have not been disclosed. It is logical to wait for the grounds taken by the court before concluding that how much is medical negligence and how much is fate in the negative results obtained in a sensitive matter like health.

Physicians and general consumers all have the right and responsibility to study the full text of the court's decision, to appeal if they are not satisfied. Only by doing this, if the reputation of the doctor's profession is maintained, the way to understand and address the duties that the state must also fulfill is opened. 

The doctor's movement is linked to three judgments of the consumer court. Harihar Prasad Gautam of Budhanilkanth, who fell in the bathroom and could not stand, was initially treated at Om Hospital and Research Center in Chabahil. He later passed away. The court has ordered that the Gautam family should get compensation of 56 lakh 81 thousand rupees.

Similarly, Varsha Bhandari was operated on twice by Grandi City Hospital because the amount of 'fat' in the body was high and could be reduced by treatment. But he got an infection. The court has ordered compensation of Rs.

Thirdly, Ganga Gautam of Morang Shanishchare filed a case in the consumer court claiming that Himal Hospital's negligence in the treatment of her 27-month-old daughter Praksha caused her death. The court awarded 14.4 million as compensation.

The court will give a decision based on the legal system, but sufficient sensitivity is also required in the formulation of the law. Any law is meant to protect the rights of the individual and not to discourage any professional. The initial agreement to address the concerns of physicians on this is welcome.

In addition, there have been many incidents that appear to be careless at first glance, such as in a hospital in Kathmandu, where an operation was needed on the left leg, the right one was performed instead, and in a hospital in Janakpur, a gallbladder removal operation was performed without an anaesthesiologist. It is clear that not only the patient's family is affected by this incident, but also the medical field is not without weaknesses.

It is natural for those who have been victims of patient negligence to seek justice. Only when it can be legally and ethically defined will the confidence in this profession increase. On the other hand, when they are not satisfied with the treatment, there have been reprehensible acts like vandalizing the hospital and assaulting the doctor. Therefore, any member of the society should seek justice according to the law. 

Since the establishment of consumer court last March, 15 cases related to consumer rights have been registered. Out of that 5 cases are related to healthcare out of which 3 cases have been decided. The doctors protested saying that the court's decision will narrow the environment in which doctors can work confidently. They also argue that it is not appropriate to take action according to consumer protection considering

healthcare services as other consumer goods. Therefore, it has been demanded that the provision of consumer court review of health services should be amended. Instead, they suggest that the work of the medical council to resolve treatment disputes should be made more systematic and practical.

On the other hand, consumer protection activists have criticized that doctors seek immunity from professional responsibility for the services they provide. They argue that the decision of the consumer court will make the doctor more responsible and dignified. 

Article 44 of the Constitution of Nepal ensures that every consumer has the right to receive quality goods and services. At the same time, it has also given the right to compensation according to the law to those who have been damaged by substandard goods and services. This has been regulated by the Consumer Protection Act and the Consumer Court has started delivering justice. So it is natural for consumers to expect quality service and seek justice if not.

Physicians should also seriously consider the provisions of the Constitution and the rights of citizens. Because physicians are also fundamentally citizens and consumers. Second, the closure of essential service areas such as hospitals undermines citizens' right to health. Therefore, in the coming days, doctors should creatively carry out pressure programs in case of protests again.

Because of the demonstration led by the doctors' association, non-emergency services in hospitals and health institutions were stopped for two days. Especially the clients who traveled a long distance and reached different hospitals were stranded. There is still a compulsion to travel to Kathmandu from different parts of the country for some treatments.

The patients who came that way were found in the hospital premises. Common patients who are not aware of the hospital environment and procedures and are not responsible for it, have to bear more harassment. Therefore, if there is any reason to protest in the future, the physician should change the style of protest.

Editorial

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