Punitive judgments without nuanced medical understanding risk promoting defensive medicine, rising healthcare costs & reduced access to prenatal care. Courts need science-informed standards. Medicine is not mathematics. Every missed diagnosis is not negligence. Only 0.07% of specialists surveyed considered a missed anomaly scan as “criminal negligence,” while 41.4% stated it reflects the inherent limitations of technology itself. IMA can defend sonologists effectively only through a multi-dimensional medico-legal, scientific, policy and public advocacy strategy — not by emotionally denying patient suffering, but by establishing scientifically valid standards for negligence assessment. Key Advocacy Measures for Indian Medical Association 1. Establish “Missed Anomaly ≠ Automatic Negligence” IMA can rely on: The Bolam principle Jacob Mathew v. State of Punjab Expert consensus from JIMA surveys Indian courts have repeatedly held that: an error of judgment alone does not amount to negl...
That depends on what is meant by "defend." From the perspective of a professional medical association such as the Indian Medical Association, there are three distinct responsibilities : 1. Defend Due Process and Fair Treatment of Doctors Yes. This is a core responsibility. IMA can legitimately: Ensure that medical negligence allegations are assessed using established legal standards. Seek independent expert medical opinions. Oppose criminalization of bona fide medical judgment. Provide legal assistance to members. Challenge regulatory or judicial findings if there are substantial legal or scientific grounds. Professional associations worldwide routinely perform this role. 2. Defend Scientific and Evidence-Based Medicine Yes. This is also a core responsibility. If IMA believes that: A drug was legally approved by regulators, The prescription was consistent with prevailing standards of care, The evidence against the physician is scientifically weak, then it may present scientif...