Daily Times

“Whenever a doctor cannot do good, he must be kept from doing harm” said Hippocrates. The readers might recall, a few years back, the doctors would refuse to touch a victim of any accident or crime, unless they got to see a copy of the complaint filed in the police station. This was rather a cruel act because the possibility of a patient dying from excessive bleeding can never be ruled out. This kind of treatment was widely displayed in movies and television plays. Family of the victim would be seen pleading before the doctor and paramedical staff to attend to their patient, but the latter would just turn their heads away demanding medico-legal formalities. Such were the disgusting scenes and made us wonder about the oaths taken by doctors, at the time of graduating, that they would always prioritise the respect for human life, even under threats, thus, would practice their profession with utmost dignity.

Another scenario is where patients seeking emergency treatment are brought to a private hospital, but are refused to get treated if they are unable to pay the requisite fee that goes against the sayings of Hippocrates. A US based friend, who was taken aback by the callous attitude of our medical fraternity, failed to understand the preference for money over human life.

A first-hand experience of such apathy can be traced back in 1995, when a senior officer was attacked in office and had been taken to a government hospital in the official car. The staff on duty demanded an FIR even though the officer was bleeding profusely. Since the victim was a bureaucrat, the medical staff was forced to attend him immediately, but what about a lay man?

The federal law passed in 2004, titled Injured Persons (Medical Aid) Act, 2004 overturned the concept of producing an FIR before seeking medical aid.

The field of Medicine is a noble profession, but it loses its sanctity when money becomes more important for a doctor. No doubt, doctors too have families and need income for sustenance, but who will decide the limit of that? Money, anyhow, should not be the primary factor in noble professions. Two important occupations, teaching and medicine should not be treated as money minting businesses. They demand dedication, compassion, humility, and above all, clear intentions to rise above material gains. However, one can see the rise of both these professions as the most sought after businesses. Consequently, there may have been a phenomenal increase in number of literate persons and hospitals, but both the education and health are rapidly deteriorating institutes in terms of quality.

Talking about the treatment in case of emergencies, the federal law passed in 2004 titled Injured Persons (Medical Aid) Act, 2004, overturned the concept of producing an FIR before seeking medical aid, with section 3 of the Act explicitly commanding that an injured person is to be provided medical aid and given priority over all other medico-legal formalities. In the wake of the Constitutional (Eighteenth Amendment) Act, 2010, the Punjab Assembly, in 2012, was the first to adopt this law within its domain through Injured Persons (Medical aid) Amendment Act, 2012 (III of 2012). This was a great break-through for victims of crime and accidents in Punjab. The Act also provides instructions about non-intervention by the police for investigation, until the patient becomes stable. Under this law, even the person who brought the patient cannot be harassed either by the hospital staff or the police. This is indeed a commendable piece of legislation that did take time to materialize, but better late than never.

In 2014, Khyber Pakhtunkhwa introduced the Khyber Pakhtunkhwa, Injured Persons and Emergency (Medical Aid) Act, 2014. The Sindh Assembly also legislated the Sindh Injured Persons (Medical Aid) Act, 2014, but later on repealed it and went a step further by enacting Sindh Injured Persons Compulsory Medical Aid Treatment (Amal Umer) Act, 2019. This happened after a 10 years old girl, Amal Umer, was injured by a stray bullet during a police shoot-out with robbers in August 2018. She later died due to the alleged negligence of the hospital staff. The Act says:

“No hospital or doctor shall demand any payment for providing compulsory medical treatment or other such medical assistance from victim, if he or she is unable to make payment. The cost of compulsory medical treatment shall be borne by the government,” adding that the injured persons are to be shifted to a government hospital immediately after their condition stabilizes. And one of the clauses further says: “If he or she chooses, they may remain in the private hospital subject to paying the charges of the hospital.” The penal provision says that persons or hospitals violating this law would be subjected to imprisonment for three years or more or a fine not less than Rs. 500,000 or both.

Balochistan is still following Injured Persons (Medical Aid) Act, 2004, and it will remain effective till the time it enacts its own law as provided in Article 270AA of the Constitution of Islamic Republic of Pakistan. In 2021, the Federal Government has presented a Bill in the National Assembly in this regard, and till that time the Injured Persons (Medical Aid) Act, 2004 will remain effective. With this information, it is hoped that Pakistani dramas and movies would reflect the true position with respect to providing medical aid under these laws.

The writer is a lawyer, and visiting faculty at LUMS.