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Nepal's new Criminal Code Act of medical negligence to come into force from August 18

Nepal Medical Association's General Secretary Dr. Lochan Karki said he is not against negligent doctors taking the lives of the people but suggests a balanced approach in the law.


Devdiscourse News Desk 11 Aug 2018, 03:43 AM Nepal
  • Nepal Medical Association's General Secretary Dr. Lochan Karki said he is not against negligent doctors taking the lives of the people but suggests a balanced approach in the law. (Image Credit: Twitter)

Nepal's new Criminal Code Act will come into force from August 18. The act proposes tougher penalties against those who are involved in criminal negligence in the patient's treatment.

The act proposes jail term of not more than five years and fined not more than fifty thousand on the doctor if the doctor is found to have caused death by reckless acts during the treatment of the patients.

The penalties of the new section are tougher than the existing General Code.

Nepal Medical Association's General Secretary Dr. Lochan Karki said he is not against negligent doctors taking the lives of the people but suggests a balanced approach in the law.

Under the new law this life-saving act of a doctor can be defined negligence and hence doctors might not take such a risk,” he added. “Doctors wary of medical negligence law in the United States of America prefer to start treatment only after the disease is fully diagnosed, sometimes allowing the progression of the disease.”

He further added that the strict penalties could also make doctors to suggest bigger tests for the minor treatments making it a difficult task for the patients as the treatment might be cost exorbitant.

He further added: "The government needs to make provision of insurance for doctors, health professionals, and patients. Only then can doctors compensate victims in case of negligence."

He said: "Sometimes a patient’s death is caused due to the negligence of their family members or nurses, but there is a tendency of accusing doctors of all kinds of shortcomings in patients’ treatment."

He said: "Medical professionals are often targets of vandals at the slightest suspicion of negligence in the treatment of a patient. Often probe committees absolve doctors, but hospitals are not compensated for the loss"


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