KATHMANDU, SEPTEMBER 7
Nepal Medical Council, the state-owned body responsible for monitoring, encouraging, and enforcing ethical medical practice in the country, has urged the authorities concerned not to issue arrest warrant, make arrest, or file a case against any medical doctor or health worker over his/her alleged negligence in medical treatment in a way that affects the functions of the Council.
Issuing a press release, the NMC reminded the authorities, including Nepal Police, about the role to be performed by it if a patient dies or is maimed or grievously hurt in the course of providing medical service by a doctor registered with the NMC.
"In the event of occurrence of such incident, there is a provision for formation of a five-member investigation committee comprising medical experts in the concerned field as designated by the NMC in line with section 189(3) of the National Criminal Procedure (Code), 2017," the release reads.
According to the NMC, District Government Attorney's Office should file the case in the court only on the basis of opinion provided by the five-member investigation committee. "Similarly, any patient allegedly victimised by a doctor is required to file a complaint or FIR with the investigation committee instead of police.
Therefore, we appeal to the authorities concerned and alleged victims to abide by the existing laws while dealing with alleged negligence of doctors in the course of medical treatment," the NMC said. The National Penal (Code) Act, 2017 prohibits conducting medical treatment maliciously. If any person commits such offence, he/she shall be liable to the same sentence as imposable for murder in the case of causing the death of a patient.
Even in the case of grievous hurt caused to a patient negligently, it is dealt with accordingly.
The law also prohibits reckless medical treatment and carrying out experiment on the human body without the consent of the patient or his/her caretaker. Similarly, the law prohibits the issuance of false medical report.
If any of these allegations are levelled against a doctor, the investigation committee is empowered to conduct an inquiry before initiating action against him/her by the authorities concerned.
A version of this article appears in the print on September 8, 2022 of The Himalayan Times.
