What are the Consequences of professional misconduct?

 Consequences of professional misconduct

Consequences for professional misconduct by medical practitioner can be broadly categorized into three categories:-

1. Criminal Liability
2. Civil Liabilities
3. Disciplinary Action

Criminal Liability for professional misconduct by doctors

Criminal liability for medical negligence may be imposed on one of the two findings:-

1. the doctor was not possessed of the requisite skill which he professed to have possessed, or,
2. he did not exercise, with reasonable competence in the given case, the skill which he did possess.

For imposing criminal liability a very high degree of negligence is required to be proved. 

Criminal liability is imposed generally in cases of medical negligence as per the provisions of the Indian Penal Code. Section 304A (Death due to negligence) , section 337 (causing hurt) and section 338 (causing grievous hurt) are often applied to deal with cases of medical negligence.

Prenatal sex determination except for the purpose of diagnosing abnormalities and diseases attracts an imprisonment up to three years. 

Civil Liability for professional misconduct by doctors

Simple lack of care by practitioner constitutes a civil liability. An action seeking imposition of civil liabilities i.e. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums. Doors of Lok Adalats can also be knocked at by the complainant. 

Disciplinary Action

If a medical practitioner is found guilty of professional misconduct by appropriate Medical Council, it may award punishment which includes removal of name from the register of medical practitioner permanently or for a specified period. Deletion from the register is widely publicised through the local press as well as publications of different Medical Associations/Bodies/Societies. During the pendency of the complaint, the council may restrain the physician from performing the procedure or practice under scrutiny. 

Where to file a complaint of professional misconduct by doctors

For medical negligence, Prima facie evidence in the form of a credible opinion given by another competent doctor is needed to support the charge of rashness or negligence on the part of the accused doctor and file an FIR against the negligent doctor.

For imposing civil liability, proceedings can be initiated before an appropriate civil court or consumer forum.

The civil court/consumer court and the criminal court usually refer cases of alleged medical negligence to the medical council to decide whether it is an act of negligence or not.

Any complaint with regard to professional misconduct by doctors can be brought before the appropriate medical council for disciplinary action. Appropriate medical council for this purpose is State Medical Councils.

Post-complaint Procedures

The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion. It should be preferably from a doctor in government service qualified in that branch of medical practice who can be expected to give an impartial and unbiased opinion to the facts collected in the investigation. 

A doctor accused of negligence will not be arrested in a routine manner. An arrest can be made only for the purpose of furthering the investigation or collecting evidence. If the investigating officer is satisfied, that the doctor would not make himself available to face prosecution, the doctor may be withheld. 

Upon receipt of a complaint of professional misconduct, the appropriate Medical Council will hold an inquiry. During the inquiry, the medical practitioner will be given an opportunity to be heard in person or by pleader. A decision on the complaint has to be taken within six months from filing the complaint. If State Medical Council does not take a decision within six months of filing the complaint, Medical Council of India can impress upon the concerned State Council to decide the complaint in a time-bound manner. It can also withdraw the complaint to itself for expeditious disposal. 

What if professional misconduct is established?

The medical council can take following actions if professional misconduct is established during inquiry:-

1. It may pardon the practitioner.
2. Pleading guilty with an intention to get less punishment may result in being pardoned or merit a warning.
3. It can order the practitioner to apologize publicly or to the aggrieved.
4. It may award a compensation to the complainant.
5. It may issue a warning to the practitioner.
6. It may temporarily restrict the doctor from performing certain procedures or seeing certain types of patients.
7. It may temporarily suspend the license to practice.
8. It may permanently suspend the license to practice.
9. It may refer the matter to the police for inquiry under relevant IPC sections 

Appeal and Limitation

A person aggrieved by the decision of State Medical Council can file an appeal to the Medical Council of India within 60 days from the date of receipt of the order passed by State Medical Council. Further extension may be granted by the MCI if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within 60 days.