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In a recent development, the Hon’ble Madras High Court has granted interim relief to doctors and directed the police to refrain from initiating action against medical professionals displaying professional logos or stickers on their private vehicles. The plea was in response to a recent circular released by Greater Chennai Traffic Police (GCTP) banning the use of stickers indicating professions such as Doctors, Lawyers, Press, and Police, from 2 May 2024, stating that such stickers are used as a tool of misuse to gain immunity.
The intervention of the Hon’ble High Court was followed by a plea filed by the Doctors Welfare Association which sought exemption from police action against doctors for placing professional identifiers on their private vehicle. The plea argued that the role of such professional stickers is to navigate through traffic and checks in case of emergency cases seamlessly, without delay, and not to gain immunity.
The National Medical Commission (NMC) and Tamil Nadu Medical Council (TNMC) were suggested to provide authorised vehicle stickers to medical professionals, similar to the Bar Council’s practice for advocates. The High Court observed that genuine medical professionals should not be penalised considering the critical nature of their work where timely response to medical emergencies are of utmost importance.
Further, the Hon’ble High Court noted that authorised stickers are to be properly affixed either in the front or rear sides of the vehicles and not on the number plates that would help distinguish genuine medical practitioners from those who are misusing such identifiers. However, the Court stated that the police should stop and check suspicious vehicles to prevent sticker abuse.
The case has been scheduled for final hearing on June 14, 2024. Meanwhile, the Hon’ble High Court has barred the police from initiating action against medical professionals displaying professional stickers until NMC and TNMC submit their response and potentially establish a policy for issuing authorised stickers to doctors, as suggested by the Court.
In Laxmikant Vittalrao Pandav & Ors v/s Akar Hospital & Ors, the State Commission dismissed a case against the hospital and doctors, affirming that second opinions in medical dilemmas is a commendable practice that benefits patients. The patient was under antenatal care at the hospital for two months of her pregnancy and a final ultrasound revealed severe oligohydramnios with the umbilical cord around the neck and cephalopelvic disproportion. An elective lower
segment caesarean section (LSCS) was successfully performed five days before the expected delivery date. Post bleeding was later detected at the surgical site that evening. The medical team in response conducted an exploratory laparotomy and sought a second opinion from a senior gynaecologist, physician and anaesthetist. After the laparotomy, the patient was diagnosed with disseminated intravascular coagulation and was placed on a ventilator. Following the events, the patient was transferred to another hospital 100 kilometers away where she unfortunately passed away due to interstitial pneumonia with pulmonary oedema and acute tubular necrosis post-LSCS.
The patient’s family alleged that the laparotomy was performed without consent and necessary investigations and claimed unauthorised involvement of other doctors. The hospital and doctors stated that based on the discussions and second opinions, a re-exploratory laparotomy was deemed necessary and the patient’s attendants were kept informed throughout.
Upon reviewing the medical records, the Court noted that the patient received timely and thorough care during her postoperative period. It was further observed that re-exploration in the given case was urgent and that the surgery was performed after obtaining informed consent. It was concluded by the State Commission that involvement of additional doctors was a collective and authorised effort and not unauthorised as alleged. Further, the Commission held that no consent of the patient/attendants is required for such consultations inter-se amongst doctors and emphasised that consulting other doctors in critical situations is a prudent practice and such collaborative efforts aid in providing the best possible care to the patient.