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A Public Interest Litigation has been filed before the Supreme Court seeking comprehensive guidelines for protection of doctors regularly falling victim to physical assault by families of the patients at slightest suspicion over treatment and delay in recovery of the patient.

The petition moved by the Indian Medical Association (Dwarka) and filed through Advocate Shashank Deo Sudhi highlights the recent incident of death of a practicing gynecologist doctor namely Dr. Archana Sharma of Jaipur (Rajasthan) on March 29, 2022.

The plea states, "It is grim reminder of (the) ugly treatment being meted out to the treating doctors and the doctors nowadays (are) under constant fear of being assaulted and harassed at the slightest delay in recovery of the patients and the state police are freely registering an F.I.R. under serious charges including charges under section 302 of IPC 1860."

It further reads that a patient generally approaches a doctor/hospital with the hope of treatment and under full faith that the treating doctor will not cause harm in any manner because of negligence, carelessness, recklessness etc. 

"It is (a) matter (of) fact that a doctor may not be in (a) position to save all patients' life at all the time, as the patient may succumb to death due to critical illness. Nevertheless, in such circumstances, the attendants become violent on treating doctors without exercising the gravity of the illness," the plea added.

Accordingly, Court's direction has been sought for initiation of a CBI enquiry into the circumstances which led to the unfortunate death of the young gynecologist doctor though it was alleged that she committed suicide under mysterious conditions.

In addition to this, comprehensive guidelines for protection of doctors who are regularly falling victim to physical assault by families of the patients have also been asked. 

Lastly, the plea also prays for the establishment of a mechanism to compensate the family and dependents of such deceased doctors who lose their lives to the cause of public service along with establishment of a digitally equipped medico-legal cell in all police stations across the country to handle the cases of medical negligence.

Cause Title: Indian Medical Association (Dwarka) Vs. Union of India & Ors.