Straight from the Heart: Ethics, trademarks and tie ups

Straight from the Heart: Ethics, trademarks and tie ups

IMA has done the following in the field of ethics, trademarks and tie ups.

Trade Marks

·         IMA now has a Registered Copyright for ‘Doctor Emblem’ for MBBS doctors (No 12769/2017-CO/A).

·         IMA now has a Registered Trademark for ‘IMA’ Name in Class 44 (Number 3329977)

·         IMA got Registered Trade Mark for IMA Logo in Class 35 (Number 3329979)

·         IMA got Registered Copyright for IMA Logo (No 12770/2017-CO/A)

·         IMA has got ISO Certification (ISO 9001:2015 QMS J1701311)

·         IMA has standardised IMA e-Flag and IMA Flag (at head-quarters premises)

·         IMA Anthem: https://www.youtube.com/watch?v=02XYcITzwiU&feature=youtu.be

·         https://youtu.be/n7t7pMaxb0Q

·         IMA is now ISO 9001 2015 certified organisation

Ethics

·         IMA has standardized new updated “IMA Prayer”.

·         IMA has also participated in updation of “WMA Declaration of Geneva”

·         IMA has standardized IMA Code of Ethics

·         IMA has also signed agreements with ‘IMA AHPI Code of conduct’ and ‘IMA NATHEALTH Code of Conduct.

·         IMA has established National and State UNESCO Chairs on Bioethics.

·         IMA CME policy mandates a slide on bioethics, pharmacovigilance, AMR and pharmacovigilance

·         IMA has certified IMA clinic, IMA professors and IMA credit hours

·         IMA has come out with MCI guidelines for deciding medical negligence under section 8.6 of code of ethics.

·         e-Varsity will be a part of IMA HQs.

·         IMA constitution with resolutions have been updated.

·         IMA No Incentive policy launched in Tamil Nadu, West Bengal.

·         IMA has zero tolerance for cuts, commission, unethical acts, those indulging in child sexual abuse and female foeticide.

·         IMA also has zero tolerance against IMA members who indulge in mud-slinging against each other, against the association or the medical profession in public. 

Investments

·         IMA has finalized IMA Insurance website and IMA SBI credit card

·         IMA has signed an agreement with Ms Anthrix for property investments

IMA Prayer.

IMA has also finalized IMA Prayer.

“May everybody be happy

May everybody be healthy

May everybody be free from pain

May everybody be free from sorrow

May we be the healing cure

Beyond every greed & lure” 

IMA - Excerpts from President Secretaries Meeting: Maintain Professional Dignity & Honour

IMA - Excerpts from President Secretaries Meeting: Maintain Professional Dignity & Honour

Dr K K Aggarwal MCI Ethics Regulations • A physician shall uphold the dignity and honour of his profession. • 1.2 Maintaining good medical practice: 1.2.1 The Principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion. Physicians should try continuously to improve medical knowledge and skills and should make available to their patients and colleagues the benefits of their professional attainments. The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. The honoured ideals of the medical profession imply that the responsibilities of the physician extend not only to individuals but also to society. • Appendix 1: Declaration: At the time of registration, each applicant shall be given a copy of the following declaration by the Registrar concerned and the applicant shall read and agree to abide by the same: a. I solemnly pledge myself to consecrate my life to service of humanity. b. Even under threat, I will not use my medical knowledge contrary to the laws of Humanity. c. I will maintain the utmost respect for human life from the time of conception. d. I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient. e. I will practice my profession with conscience and dignity. f. The health of my patient will be my first consideration. g. I will respect the secrets which are confined in me. h. I will give to my teachers the respect and gratitude which is their due. i. I will maintain by all means in my power, the honour and noble traditions of medical profession. j. I will treat my colleagues with all respect and dignity. k. I shall abide by the code of medical ethics as enunciated in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002. • 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. IMA Views • It has to be a proven misconduct. • The onus to prove will lie with the complainant. • The complaint has to be filed with the Medical Council of India (MCI) or the state medical council and not in the media or social media. Section 499 in The Indian Penal Code: Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Section 500 in The Indian Penal Code: Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. (Contributions from Dr RN Tandon)

Negative stress may lead to heart disease

Negative stress may lead to heart disease New Delhi, July 07, 2016: Marital disharmony and job dissatisfaction are the two main psychological risk factors for a heart attack. Many studies in the past have inferred that there is a strong correlation between a nagging wife and early heart attacks in men. "Similarly, literature has shown that work-related stress is related to early onset of high blood pressure, diabetes, stroke, and heart attacks," said Padma Shri Awardee Dr KK Aggarwal – President Heart Care Foundation of India (HCFI) and Honorary Secretary General IMA. A study from University College, London has shown that chronically stressed workers have a 68% higher risk of developing heart disease especially those under the age of 50. Whether it is stress-related chemical changes or stress-related behavior linked to heart disease, is yet to be answered. Stress-related lifestyle involves eating unhealthy food, smoking, drinking, and skipping exercises. Chemical changes related to chronic stress are increased levels of cortisol, epinephrine, and norepinephrine. Negative stress is more dangerous than positive stress and amongst the different kinds of negative stress; jealousy, anger, and cynicism are associated with heart attack. The answer lies in managing stress by acting on a personal situation and not reacting to it. In children the same type of stress, especially during exam days, can result in anxiety, insomnia, and suicidal attempts. To manage stress one should think positive, think opposite or think differently.

IMA View - Medical student who flung dog off rooftop arrested and later released on bail

IMA View - Medical student who flung dog off rooftop arrested and later released on bail IMA views 1. Such incidences and such people brings bad name to the profession 2. MCI or SMC can and should suspend them under MCI ethics regulation 8.5 pending investigations 3. If convicted their license should be suspended or deleted. 4. IMA condemns all such such acts of cruelty A day after the disturbing video of a dog being flung from the terrace of a four storey apartment triggered outrage, Chennai city police picked up the two suspects, both medical students, from their native towns on Tuesday night. On Wednesday morning, both of them were released on bail after judicial magistrate Judge Santhosam asked them to pay Rs 10,000 surety. According to college sources, both the students have been suspended. The accused students, Gowtham Sudharshan from Tirunelveli who threw the poor animal, and his friend Ashish Paul from Nagercoil who filmed the video, were tracked by the special teams. According to the sections of the Indian Penal Code under which the duo have been charged – Section 428 and 429 – carry a maximum prison sentence of two and five years respectively. Even if they are convicted in this case, it will not bar them from practising after completing their MBBS. Harming an innocent puppy is an indicator of psychopathy in its early stages, which is not to be taken lightly. Section 428 in The Indian Penal Code 428. Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 429 in The Indian Penal Code 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. MCI Ethics regulations: 7.5: Professional misconduct: 7.5 Conviction by Court of Law: Conviction by a Court of Law for offences involving moral turpitude / Criminal acts. 8.5 During the pendency of the complaint the appropriate Council may restrain the physician from performing the procedure or practice which is under scrutiny.

IDS Scheme

IDS Scheme

Dr K K Aggarwal Govt. of India has come out with a new Income Declaration Scheme, 2016 which can be made use by all individuals, HUF, companies, firms, associations of persons etc. Under this Scheme declaration can be made in respect of undisclosed income and investments in any asset representing undisclosed income relating to any financial year up to 2015-16.
This is not an immunity scheme as it has 7.5% penalty. The amounts payable by the declarant will be taxed at 30% on undisclosed income, 7.5% surcharge and 7.5% penalty. Total money paid will be 45%. The scheme is effective from 1st June and declaration may be filed up to 30th September. As on date, tax surcharge and penalty has to be paid by 30th November, though the Govt. is thinking of extending this time and making payments in three instalments with easy fund flow.
Under the Income Tax Act 138, the names of disclosure will be kept confidential unless they have violated some legal laws.
The scheme will provide immunity from prosecution in income tax act & wealth tax in respect of declaration. It will also provide immunity from Benami transaction Act.
We, the members of IMA, should advocate this scheme to all our patients, who have undisclosed income, so as to avoid worry-induced hypertension, heart disease and heart blockages.

A Doctors Day special webcast held on the legal and ethical aspects governing the medical profession

A Doctors Day special webcast held on the legal and ethical aspects governing the medical profession IMA & HCFI raise awareness about medical negligence and the ethical duties that all medical professionals must follow New Delhi, June 30, 2016: The field of ethics studies principles of right and wrong. There is hardly an area in medicine that doesn't have an ethical aspect. The medical profession was, is and will always remain a noble one. The job of doctor is to help reduce suffering. The first oath that a doctor takes upon entering the profession is: "A physician shall uphold the dignity and honor of his profession” and the first declaration they make is "I solemnly pledge myself to consecrate my life to service of humanity." However in today’s day and age, we witness a high degree of commercialization in the medical field. Cases of medical negligence, unethical promotion and misconduct are not uncommon. This has brought the entire medical profession into question. What we must remember is that there are black sheep in every profession and without trust and belief in the system of medicine, it is not possible for a doctor to effectively do his duty of helping save lives. Stressing on the urgent need raise awareness about the duty of every medical professional to uphold the ethics and duties that govern them and to reinstate the nobility of the profession, IMA and Heart Care Foundation of India organised a webcast today. The expert faculty for the same consisted of Dr. Arun Gupta – President Delhi Medical Council, Dr. Girish Tyagi- Registrar Delhi Medical Council and Padma Shri Awardee Dr KK Aggarwal – President HCFI & Honorary Secretary General IMA. The webcast was assisted by Dr. V K Monga, Dean IMA CGP. Speaking about the same, Padma Shri Awardee Dr KK Aggarwal – Honorary Secretary General IMA and President HCFI said, “We are committed to making the medical system in our country more transparent and efficient. It is for this reason that we constantly strive to educate member of the medical fraternity about the ethics that govern the profession. We urge the entire medical fraternity to abide by the MCI regulations and maintain the nobility of the profession. We also urge the public to understand that doctors’ work towards the benefit of the society and they must be trusted. The increasing incidence of violence against doctors, no cap on compensation in cases of medical negligence cases as well as the enforcement of acts such as the PCPNDT act only deter doctors from doing their job of saving lives effectively. Doctors must be respected and trusted.” The Medical Council of India states terms like pardon, warning and censure for differnet cases of mild human negligence by Doctors where the council can give a second chance to the doctors without ruining their medical career. However, these should be applied in cases involving no criminal offence. Calculating from the shortage of doctors in every hospital in repect to the number of patients, a doctor at an average gets 5 minutes per patient. In these 5 minutes, he is required to wash his/her hands twice - before and after checking the patient, take the entire medical history of the patient, examine them in an effective manner and prescribe the relevant treatment. In just 5 minutes, miscommunication and mistakes are bound to happen. It is crucial that more focus is laid on increasing the number of seats for medical professionals, regularly training doctors through CMEs on new treatments and diseases as well as encouraging more people to enter the profession. Adding to this, Dr Arun Gupta, President Delhi Medical Council said,”Indulging in unethical acts leads to the defamation of the whole profession. It is the respobsiity of all medical professionals to adhere to their ethics and for patients to respect their doctors.” Dr. Girish Tyagi, Registrat Delhi Medical Council said, “10-20% of the complaints received by the Council pertain to the violation of ethics. Over 90% of the medical negligence cases are the result of the shortage of doctors as well as mis-communication not only between doctor-patient but also between patient-counsellor and patient-chemist.” Miscommunication due to time constraints leads to the dissatisfaction of patients. For instance when prescribed a CT scan the doctor might recommned a particular lab because the scans their emit minimal radiation levels. Because of the time constraint, the doctor in most cases would not communicate this to the patients. In turn the patient might feel that the doctor gets a cut from the centre and that is why they have recommended it. It is thus important for patients to trust their doctor. A few tips for doctors to safeguard themselves against cases of medical negligance 1. Doctors should communicate properly and be empathatic towards the patients. 2. Conversations between doctors and patients should be video taped for future references. 3. Consent form should be crisp and precise so that terms and conditions are clearly understood by the patients to avoid any confusions. 4. In cases where a MLC is to be made the police should be informed at the earliest.

IMA raises awareness amongst its 2.5-lakh members about safe surgery practices in light of the recent medical mishap

IMA raises awareness amongst its 2.5-lakh members about safe surgery practices in light of the recent medical mishap

In light of the recent medical mishap where a 24 year old man’s wrong foot was operated upon at Fortis Hospital Shalimar Bagh, the Indian Medical Association raised awareness amongst its 2.5 lakh members about safe surgery practices and how such a case is a never event and must not happen again.

“Never events are situations where deficiency of service and or negligence is presumed and no trial of expert’s evidence is necessary. Uttermost care must be taken during a surgery so as to ensure that such an incident never happens again”, said Dr SS Agarwal – National President IMA & Padma Shri Awardee Dr KK Aggarwal – Honorary Secretary General IMA.

Following are examples rectified by various court judgments. 

a.    Removal of the wrong limb or performance of an operation on the wrong patient.

b.    The issues arising in the complaints in such cases can be speedily disposed of by the procedure that is being followed by the Consumer Disputes Redressal Agencies and there is no reason why complaints regarding deficiency in service in such cases should not be adjudicated by the Agencies under the Act.” 

Case References

1.    IMA vs VP Shantha 1995 (6) SCC 651 (37)
2.    SC/4119 of 1999 and 3126 of 2000, 14.05.2009, Nizam Institute of Medical Sciences vs. Prasanth S. Dhananka and Ors: B.N. Agrawal, Harjit Singh Bedi and G. S. Singhvi, JJ. 

The recommendations shared by IMA include:

·      Definition: Near misses -- when surgeons started to operate on the wrong site or patient

·      Operations on the wrong site or the wrong patient should never happen

·      Surgeons shall mark the surgical site before going to the operating room. 

·      Also mark the site that should not be touched. 

·      Reasons for errors include similar sounding names, failure to check patient names on medical records and reversing the sides of X-rays and scans placed on viewing boxes in the operating room.

·       In the operating room before starting surgery, all members of the surgical team should confirm that they have the correct patient, surgical site and procedure. 

·      The operating room team should take ''a timeout'' to check medical records and X-rays, discuss among themselves what they are about to do, and corroborate information with the patient.