The civic body had decided to take action against doctors who prescribed COVID-19 tests to patients without physical examinations
Doctors reach out to the residents of BDD Chawl in Worli, which has been completely sealed off. Pic/Suresh Karkera
In a latest controversy, the Brihanmumbai Municipal Corporation (BMC) had decided to file a police complaint against doctors who prescribe COVID-19 tests to patients without conducting physical examinations. The officials of L ward had also come up with a complaint format that was supposed to be sent to police stations. However, when doctors slammed the move, the civic body withdrew it on Wednesday.
According to the complaint letter issued by L ward, a doctor found to have referred a patient for the COVID-19 test without a physical examination would face an FIR under Section 188 of the IPC (disobeying orders of a public servant) and the Epidemic Diseases Act of 1897. Confirming that such a decision was taken by the civic administration, a senior civic official said, "The COVID-19 task force decided that doctors have to examine the patient physically before prescribing any test. Ward officials will file the complaint with the respective police station if the regulations are not followed and the police will investigate the matter further."
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However, when contacted, an L ward official said that the decision was taken after a doctor based in New Delhi referred a patient for testing in Mumbai and the complaint form was being used as a scare tactic. "We weren't planning on taking action against doctors. We just wanted to discourage the medical fraternity from referring patients without examining them. The complaint form was shared on some chat groups," added the official.
Dr Avinash Bhondwe, president of the Indian Medical Association in Maharashtra said that it is an unjustifiable move since doctors don't have access to PPE kits and they cannot examine a suspected patient without adequate protection. "We are only working with masks and gloves. It is very risky to physically examine a patient and doctors are not able to buy PPE kits either since it's not available, which is why in some cases doctors are consulting patients over phone. However, the BMC cannot take action against doctors and this will be challenged in the court of law," said Dr Bhondwe.
He added that even making physical examination mandatory doesn't make sense unless the civic body provides PPE kits to all doctors. "More and more doctors are testing positive every day. If a doctor examines a patient without PPE and if the patient tests positive, then the doctor will be placed in quarantine," he said. Dr Bhondwe added that instead of testing only the symptomatic patients, the government should make arrangements to test everyone. "Health is a constitutional right and everyone should be able to undergo tests," he added. Dr Bhondwe also pointed out that till date none of the circulars issued by the ICMR have mentioned that physical examination is mandatory. He further said that L ward officials later assured him that no FIR would be filed against doctors.
When contacted, Dr Gautam Bhansali, consulting physician with Bombay Hospital, said that taking action wasn't the correct approach in such stressful times. "Such decisions are demeaning to doctors who are working so hard. Referring a patient is not a crime and doesn't warrant a punishment. At best, circulars can be issued to create awareness among doctors," he said.
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