You are here : Community » Forums » General Discussions » Right to Emergency Care (Accidents & our Responsibilities)
Today's Posts | Search Forums | My Messages

Right to Emergency Care (Accidents & our Responsibilities)

Pages : 12
#1 08-Oct, 2008 09:34 PM
Arun
Long-termer
Joined Date: 17 Aug 2008
Location: Bangalore
Posts: 124
Likes: 0
Dear friends,
I have received this email recently. Many people may know .. few like may not...

Supreme Court.
Date Of Judgment: 23/02/2007.
Case No.: Appeal (civil) 919 of 2007.

The Supreme Court has ruled that all injured persons especially in the case of road traffic accidents, assaults, etc., when brought to a hospital / medical centre, have to be offered first aid, stabilized and shifted to a higher centre / government centre if required.
It is only after this that the hospital can demand payment or complete police formalities.

In case you are a bystander and wish to help someone in an accident, please go ahead and do so.

Your responsibility ends as soon as you leave the person at the hospital. The hospital bears the responsibility of informing the police, first aid, etc.
Please do inform your family and friends about these basic rights so that we all know what to expect and what to do in the hour of need.

Please forward this message to everyone and save a life.

Arun.




A big insult to you by you is comparing your self with others!
0 members liked this post
 
#2 10-Oct, 2008 04:21 PM
Pankaj Prasad
Moderator
Joined Date: 29 Sep 2007
Location: Vadodara
Posts: 13632
Likes: 51

Now it is supposed to be hassle-free. However, people are still not very comfortable in coming forward to help.  Hope things change soon – so that more lives can be saved.

 

By the way, I would like to share a unique & terrifying experience related to the subject matter (in a way) that I have had years back (1987).  Read through the next 2 posts…




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
Last Updated: 10-Oct, 2008 04:31 PM, by Pankaj.Prasad
0 members liked this post
 
#3 10-Oct, 2008 04:27 PM
Pankaj Prasad
Moderator
Joined Date: 29 Sep 2007
Location: Vadodara
Posts: 13632
Likes: 51

One morning I was riding my bike back home – was in a hurry so as to get ready & reach office in time.  I was driving it at 50/55 when a young man, standing by the road-side, suddenly came in front so as to cross the road.  I had to apply sudden brakes & almost hit him.  Furiously I shouted at him with a few **** words.  He unworriedly looked at me & gave me a “blank / expression-less look”.  That triggered my anger so much that I was about to get down & slap him.  But before that, he coolly went ahead to cross the road.

 

… And to my shock, lay himself down under the wheels of a double-decker bus that had just approached / was crossing from the opposite side – smashing his head/face in to small pieces.  It was from such a close quarter that those small pieces of flesh & blood sprayed all over me (white night dress) & on my face too which I had to remove by using my hands.

 

I just cannot find words to express the state I stood thereat.  The bus stopped & the passengers & the driver, and even the people around, all left the spot – leaving me & the dead body alone on the road.  A few passer-bys asked me to leave the spot immediately.  But somehow, I couldn’t & before I could think about it, Police, that happened to be nearby (station), came over immediately.

 

contd… (next post)




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
Last Updated: 10-Oct, 2008 04:33 PM, by Pankaj.Prasad
0 members liked this post
 
#4 10-Oct, 2008 04:28 PM
Pankaj Prasad
Moderator
Joined Date: 29 Sep 2007
Location: Vadodara
Posts: 13632
Likes: 51

…contd. (previous post)

 

To cut the story short… I landed up going to the Police Station, giving statements as an eye-witness & then attending to a few summons issued to me later.  But, though it wasn’t hassle-free, it wasn’t bad either – probably because it was a suicide case (so proved with the help of my statements).  Importantly, I was happy to be of some help to the innocent driver.

 

Incidentally, the suicider’s name happened to be Pankaj (same as mine). And the most terrifying experience that followed this incident was I couldn’t sleep well for 8/10 days – his face with that “blank / expression-less look” that he gave me just before he died (on hearing those **** words from me), kept haunting me.

 

Had I been able to slap him, this incident may not have happened - at least at that time of moment & probably never (?).




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
0 members liked this post
 
#5 11-Oct, 2008 06:05 PM
Arun
Long-termer
Joined Date: 17 Aug 2008
Location: Bangalore
Posts: 124
Likes: 0
Pankaj ji.. you could have slapped him...also i need to tell you one bad incident happen to me 14-feb-2004. 6:30am Bangalore..
I fell down from bike..Becuase our house maid applied oil to clean my disc brakes..it's not his fault.,.. My bike is not stopped at the point imagined by me(@40~50km speed). I dashed into a board.. went skidding atleast 10meters.
 
A person took my cellphone and trying escape away..I caught him with whole pain.. finally he said "calling ambulance"..

No body helped me.. No one helped me to take the bike..I sat 30min on the road.. I went my self to hospital.

Cool.. am young & had stamina.. But old people's??
  
Poor peoples are still there to get benifit even @ this situations..




A big insult to you by you is comparing your self with others!
0 members liked this post
 
#6 13-Nov, 2008 09:33 PM
Feroz
Best-seller
Joined Date: 19 Oct 2008
Location: Pallakad
Posts: 726
Likes: 7
@ Pankaj
Whether you slap him or not, you can only postpone his death to a few moments. He wants to commit suicide and he will.

And it is really pain ful to read stories of death in accidents as no one dare give medical assistance. As Pankaj said there will sure be some legal formalities which we have to suffer as a witness, but it is our duty as citizen to assist the law of the country in action. I have seen photographs in local news papers where people crowd in an accident scene to take photographs of the scene using mobile cameras or beat up the driver of the big vehicle with out giving aid to the victim. More awareness must be created in our minds from childhood itself regarding helping others in distress.

Btw what happens if you assist one victim to get medical assistance. You will have to give a statement to the investigation officer if you are a witness of the accident. Then court may summon you to give evidence. If you consider this as harassment how will law help you when you are in need.



You can live in your car, but you can't drive your house.
0 members liked this post
 
#7 13-Nov, 2008 09:45 PM
Pankaj Prasad
Moderator
Joined Date: 29 Sep 2007
Location: Vadodara
Posts: 13632
Likes: 51

Besides, each one of us should question ourselves....

 

  • What would we expect from people if someone from our family meets with an accident?  
  • And what if he/she dies only because no help is extended?

 

The answers are very natural & obvious.  Like-wise, others expect us to help their family members.




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
0 members liked this post
 
#8 16-Nov, 2008 12:44 PM
Feroz
Best-seller
Joined Date: 19 Oct 2008
Location: Pallakad
Posts: 726
Likes: 7
Another earlier judgment of Supreme court is elaborate:

In the case of Pt. Parmanand Katara vs Union of India in Criminal Writ Petition No. 270 of 1988, D/-28.8,1989, [AIR 1989 Supreme Court 2039]. The Hon’ble Supreme Court had observed: 

·       Every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death. There is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately. The effort to save the person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to be connected with that matter or who happens to notice such an incident or a situation”  

·       There are no provisions in the Indian Penal Code, Criminal Procedure Code, Motor Vehicles Act, which prevents doctors from promptly attending to serious injured persons and accident cases before arrival of the police and their taking into cognizance of such cases, preparation of F.I.R. and other formalities by Police.

 

[Para 6]

 

·       There can be no second opinion that preservation of human life is of  paramount importance. This is so on account of the fact that once life is lost, the status quo ante cannot be restored, as resurrection is beyond the capacity of man.

 


You can live in your car, but you can't drive your house.

0 members liked this post
 
#9 16-Nov, 2008 12:48 PM
Feroz
Best-seller
Joined Date: 19 Oct 2008
Location: Pallakad
Posts: 726
Likes: 7

2. Following the Supreme Court order in 1989, the Motor Vehicles Act was amended in 1994, to make it mandatory on both the driver/owner of the vehicle to take the accident victim to the nearest doctor, and the doctor to treat the victim without waiting for any formalities.


The duty of the driver of the vehicle involved in an accident?

 

·       The driver or the owner of a vehicle involved in any accident that has caused injury or damage to any person is required to secure medical aid for the injured person, by taking him to the nearest doctor.

·       He shall report the matter to the nearest police station within 24 hours, and

·        Also inform the insurance company about the occurrence of the accident, namely, insurance policy number and period of its validity; date, times and place of accident; particulars of the persons injured and / or killed in the accident’ and name of the driver and particulars of his driving licence.

 

Is the duty of the driver mandated by any law? 

Yes, Section 134 of the Motor Vehicles (MV) Act, 1988 states that the driver and / or the owner of the motor vehicle responsible for a road accident is required to take all reasonable steps to secure medical attention for the injured person by conveying him to the nearest medical practitioner or hospital, unless it is not practicable to do so on account of mob fury or any other reason beyond his control. 


You can live in your car, but you can't drive your house.

0 members liked this post
 
#10 16-Nov, 2008 12:48 PM
Feroz
Best-seller
Joined Date: 19 Oct 2008
Location: Pallakad
Posts: 726
Likes: 7
cont'd.....

Is failure to comply with this action punishable?

Yes. Under Section 187 of MV Act 1988, whoever fails to comply with the provisions of the clauses of Section 134, shall be punishable with imprisonment for a term which may extend to 3 months, or with fine which may extend to Rs. 500, or with both. If it is the second time for the person concerned, then the penalty is harsher. The imprisonment may extend to 6 months, or with fine, which may extend to Rs.1000, or with both.

 

Can a doctor/ hospital refuse medical care to emergency cases?

Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid / delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in statutes or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way”.                                  

[Para 8]

Should the doctors / hospitals wait for the police to arrive or any legal formalities before attending to a road accident victim?

No. “The treatment of the patient should not wait for the arrival of the police or completion of legal formalities. All hospitals and doctors are required to provide immediate medical aid to all the cases, whether medico-legal or not “.

[Para 3]

source: Dept. of Road Transport and Highways



You can live in your car, but you can't drive your house.
Last Updated: 16-Nov, 2008 12:50 PM, by Feroz
0 members liked this post
 
Pages : 12