Even as quite a few medical negligence cases end up in the courts, the Travancore Cochin Council of Modern Medicine (TCMC), the highest body in the State that is the watchdog for violation of the code of medical ethics, witnesses the resolution of very few such cases.
According to data provided by the TCMC, there has been no case in the last five years where doctors have lost their registration. Overall there were 32 complaints in 2013 against doctors that included violation of code of ethics, medical negligence and fake registrations. Of these, warnings were issued in five cases and expert opinions were still being sought in quite a few cases. In 2012, out of 25 cases, doctors were issued warning in ten cases.
TCMC is the only body among medical practitioners that takes cognizance of any violation of code of ethics and medical negligence. And it is a body that can only take a technical view of the violation and negligence. All investigations have to be done by the police and only the courts can provide any compensation for the victims of negligence.
Even in case of fake doctors, there is little that the Council can do. Since the doctor is not registered with TCMC, the cases are directed for police inquiry. One such case reported last year from Thycaud, Thiruvananthapuram, for producing false certificates and fake registration at a dialysis centre, was directed for police inquiry, the TCMC registrar told The Hindu .
Even the medical practitioner who faces the ultimate decision by Council to cancel the registration can challenge the decision in the court of law.
“For any compensation, the people have to approach a court,” said P.K. Jameela, the director of Health Services and a member of TCMC. The complaints that the council receives include doctor being negligent, doctors charging more fees, wrong diagnosis, fake registrations and so on.
“The Council’s actions are limited because it is constitutionally weak,” said K. Mohanan, one of the members of the Council. It has problem in its legal entity as the organisation was formed before the Kerala State was formed and the State has never changed its structure even though it was recognised as the State body.
There was little awareness among the public that the Council is a body that can take up complaints against doctors. It was only in the last couple of years that complaints had started pouring in.
The Kerala Government Medical Teachers’ Association, Kerala Government Medical Officers’ Association and the Indian Medical Association had been demanding that the Government bring in new Act to make the Council an elected body. All these associations are represented in the Council as government nominees. The president of the Council is also a government nominee.
