LAW SOON TO ENSURE DOCTORS PRESCRIBE CHEAPER GENERIC DRUGS

 

(Professionals deviating from ethical values)

 

Law soon to ensure doctors prescribe cheaper generic drugs ensures Prime Minister.

We have no question as to how it will happen because if there is a will to do something, no one can stop it and it should finally be done now.  

But at the same time we cannot limit our question to doctors, professionals in all fields are deviating from their ethical values and courts on number of occasions pin pointed this issue. We believe ,much more is required to be done by the parliament to make law and rules when we find orders by the courts could be binding only on particular case and others enjoy liberty to continue the same tune

The tie-up of Pharmacies and Doctors

A large quantum of income to the hospitals usually comes from in patients who are sold medicines at MRP at a very high profit margin whereas the same medicines are available at 100-400% less outside. But indoor patients are not allowed to get drugs or consumables from outside.

 

A study of medical trade practices in Mumbai sponsored by World Health Organization reveals the unethical and illegal trade practices of doctors and drug companies. Pharmaceutical companies sponsor Continuous Medical Education [CME] camps, where they develop personal bonds with the doctors, which they further strengthen with sponsored cocktail parties and then overseas trips. The net result of such favour ultimately burdens the patients admitted in the hospitals who are prescribed drugs from specific companies that may be much costlier than other brands available outside.

 

Observing these malpractices by the doctors, Insurance companies also short listed some of the hospitals from their panel and objected to their prescribing a number of laboratory tests, and recommending costly treatments and operations which insurance companies thought could be avoided. Subsequently insurance companies stopped cashless facilities in some of these private hospitals. But there was sharp retaliation to such move, and courts through various judgments warned the insurance companies not to step into the shoe of doctors. In number of cases Hon’ble supreme court has held that it is doctor to decide what medicine should be given to the patient and not the insurance company .It was a context when insurance company rejected the claim on the ground that such expensive tests were not required in particular circumstances .Insurance company was not justified as far as claim of consumer was concerned As a matter of fact Apex court Supreme Court intended to safeguard the interest of consumers when insurance companies were rejecting their claims on the above plea but subsequently Doctors were set free from their responsibility to be honest to their profession.

Number of cases came up again before the Apex court by professionals from all the fields and the Hon’ble Supreme court while deciding the matter against medical professionals in a criminal case of Mathew Jacob v State of Punjab 2005 CTJ 1085 SC, held that

“In law of negligence, professionals, such as lawyers, doctors, architects and others are included in the category of persons professing some special skill and professional may be held liable for negligence.”

But the efforts continued and advocates also came ahead for saving their skin from their clients whom they sometimes ditch in the midway of their case causing him great loss. Similar argument was extended this time also that they have their own body named bar council which can take care of the moral and ethical values which need to be preserved by the advocates.    While National Commission had held in the matter of D.K.Gandhi V M.Mathias 2007 CTJ 909 (CP) NCDRC that services rendered by an advocate to his client in the course of litigation is to be covered under the provisions of Consumer Protection Act, bench comprising Justice L.S Panta and Justce B Sudershan reddy stayed the ruling of Apex consumer commission holding that lawyers rendered legal assistance and not service to the client. In spite of a good reasoned order pronounced by National Commission after detailed discussion  in the case of D K Gandhi v M Mathias  on the issue,  large number of advocate bodies ,bar of Indian lawers,Delhi High Court bar association and Bar Council of India  approached the Hon’ble SC and got the order stayed .

Every profession is a noble profession if this could be the argument. Honorable Supreme Court   had always been of the opinion that every professional should adhere to the ethical values of their profession. The Supreme Court again in another matter dealt by Justice Sathasivam in the matter of O.P. Sharma v. High Court of Punjab & Haryana, had the occasion to examine the rules regarding Professional Conduct of advocates. The case in hand dealt with the contemptuous conduct of advocates before a magistrate, which resulted in suo moto initiation of contempt proceedings by the Punjab & Haryana High Court. The matter eventually reached the Supreme Court where the court has brought an end   to the proceedings by accepting the unconditional apologies on behalf of the advocates. However, in doing so, the Supreme Court has spelled out the principles regarding duties and conduct of advocates.

A pleasant development is observed in other fields of professionals also. In the profession of teaching, too much money minting practices and commercialization has crept in during the last two decades. Educational bodies have also taken a note of it and UGC has issued certain guidelines for the educational institutes .A public notice was issued by UGC on 23.4.2007 with the following instructions-

“The commission is of the view that it would not be permissible for the institutions /universities, to retain the school leaving certificate, mark sheets, caste certificate and other documents in original.”

It has been further directed that

“The entire fee collected from the student after a deduction of processing fee not more than Rs 1000/- shall be refunded to the student /candidate withdrawing from the programme.”

The similar notification has been issued by AICTE [All India council of technical education] on 19.4.2007 with the similar directions to the institutes/universities imparting technical education

in order to preserve ethical values in their profession, Insurance Regulatory and Development Authority had also issued a circular dot 20.9.2011 vide their reference no –IRDA/HLTH/MISC/CIR/216/09/2011 wherein certain guidelines have been issued for condoning the delay in claim intimation /documents submission with respect to all life insurance contracts and all non-life individual and group insurance contracts while settling the claims of the insurers. It is particularly pin-pointed that- “the current contractual obligation of the insured to intimate the company or submit the papers  within specific time is for the purpose of investigation, loss assessment etc but this condition should not prevent genuine claims when delay is due to unavoidable circumstances”. It further states that- “insurer’s decision to reject the claim shall be based on sound logic and valid grounds, be noted such limitation clause does not work in isolation and is not absolute.” At the end INSURERS are advised “to incorporate additional wordings in the policy documents, suitably enunciating insurer’s stand to condone delay on merits for delayed claims when delay is proved to be for reasons beyond the control.”

 

The recent move of the Govt. to make law for Doctors is good news for the consumers and for building a nation with high morals and professional ethics. But we now expect much more to be done in other professional fields also.

------------------------------------------------------------------------------------------

Dr Prem Lata

Consumer Awakening Mission

www.consumerawakening.com

Previous

Next