professional misconduct in medical ethics

The personal financial interests of a physician should not conflict with the medical interests of patients. He should neither exaggerate nor minimize the gravity of patient’s condition. It is improper to affix a sign board on a chemist’s shop or in places where he does not reside or work. Sexual Harassment in the Pr… The medical officer/physician occupying an official position should avoid remarks upon the diagnosis or the treatment that has been adopted. Medical and social ethics have advanced to an extent that doctors are likely to be faced with controvers… 9. Note : In government hospitals where the patient load is heavy, the name of the prescribing doctor must be written below his/her signature. All due respect should be observed towards the physician in-charge of the case and no statement or remark be made, which would impair the confidence reposed in him. During the inquiry, the medical practitioner will be given an opportunity to be heard in person or by pleader. If the identity is not to be disclosed, the consent is not needed. 2.1.1 Though a physician is not bound to treat each and every person asking his services, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties. Sometimes, however, a physician must determine whether his duty to society requires him to employ knowledge, obtained through confidence as a physician, to protect a healthy person against a communicable disease to which he is about to be exposed. A physician shall not give to any person, whether for compensation or otherwise, any approval, recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode, nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. It may issue a warning to the practitioner. 7.21 No act of in vitro fertilisation or artificial insemination shall be undertaken without the informed consent of the female patient and her spouse as well as the donor. prescribing steroids/ psychotropic drugs when there is no absolute medical indication; selling Schedule ‘H’ & ‘L’ drugs and poisons to the public except to his patient; in a court of law under orders of the presiding judge; in circumstances where there is a serious and identified risk to a specific person and/or community; and. The term professionalism was also used for the military profession around … It may refer the matter to the police for inquiry under relevant IPC sections [19], http://icfmt.net/journal/vol1no1/ethics.htmb, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002. Violation of regulations and laws. Enabling an unqualified person to perform an abortion or any illegal operation without any medical, surgical or psychological indication is professional misconduct. Signature of patient or thumb impression ___________________________________________. The tribunal also imposed conditions on Dr Naidu’s … In an operation which may result in sterility consent of husband and wife, both are needed. Prescribing steroids and psychotropic drugs without absolute medical indication and selling schedule ‘H’ and ‘L’ and poison to general public falls under contravention of the act. 7.13 It is improper for a physician to use an unusually large sign board and write on it anything other than his name, qualifications obtained from a university or a statutory body, titles and name of his speciality, registration number including the name of the State Medical Council under which registered. 6, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [6]Jacob Mathew v. State of Punjab & Anr. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients. Even under threat, I will not use my medical knowledge contrary to the laws of humanity. It means that the regulation does not contain all the instances of misconduct. In an operation which may result in sterility the consent of both husband and wife is needed. For imposing civil liability, proceedings can be initiated before an appropriate civil court or consumer forum. This certificate must be accompanied by a brief resume of the case giving the nature of the illness, its symptoms, causes and duration. If they are found absent on more than two occasions during this period, the same shall be construed as a misconduct if it is certified by the Principal/Medical Superintendent and forwarded through the State Government to Medical Council of India/State Medical Council for action under these Regulations. 6.7 Euthanasia: Practicing euthanasia shall constitute unethical conduct. [12], 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. Romantic or Sexual Relationships with Patients: Opinion E-9.1.1 2. 7.23 If a physician posted in a rural area is found absent on more than two occasions during inspection by the Head of the District Health Authority or the Chairman, Zilla Parishad, the same shall be construed as a misconduct if it is recommended to the Medical Council of India/State Medical Council by the State Government for action under these regulations. Prenatal sex determination except for the purpose of diagnosing abnormalities and diseases attracts an imprisonment up to three years. Deletion from the register is widely publicised through the local press as well as publications of different Medical Associations/Bodies/Societies. 1.7 Exposure of Unethical Conduct: A Physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession. Council under the Medical Practitioners Act 20073. Pleading guilty with an intention to get less punishment may result in being pardoned or merit a warning. Nothing in this section, however, shall prohibit payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision. 2.5Engagement for an obstetric case : When a physician who has been engaged to attend an obstetric case is absent and another is sent for and delivery accomplished, the acting physician is entitled to his professional fees, but should secure the patient’s consent to resign on the arrival of the physician engaged. During the lock-down period, we will continue to publish content Online First, along with temporary PDFs, which will be replaced later. 1.8 Payment of professional services: The physician engaged in the practice of medicine shall give priority to the interests of patients. A doctor has a duty of care in deciding whether to undertake the case or not, duty in deciding what treatment to give, the duty of care in the administration of that treatment, duty not to undertake any procedure beyond his or her control. 1.3.3 A registered medical practitioner shall maintain a register of medical certificates giving full details of certificates issued. MCI- 211(2)2001-Regn. But, contributing to the lay press articles and interviews related to diseases and treatments which may have the effect of advertising himself is professional misconduct. Informed consent of female and her spouse must be taken before in-vitro fertilization or artificial insemination. 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professional misconduct in medical ethics 2021