India is in shock after learning about the rape and murder of a female doctor in a Kolkata hospital last week. Medical professionals nationwide are marching in the streets to call for safeguards for healthcare workers.
Health ministry announces series of measures to provide additional security to healthcare employees at workplace. Also rules out enacting Central Protection Act especially for healthcare staffers.
SC sets up Task Force
A nationwide task group was formed by the Supreme Court to investigate issues related to medical professionals' safety, well-being, and working circumstances. The task force team, which is composed of eminent medical professionals, is charged with developing practical recommendations with a particular emphasis on averting violence and guaranteeing respectable working circumstances.
Health care workers face many serious safety hazards
Assaults on medical professionals in hospitals continue to be a frequent issue in India. Women who work in healthcare are at a higher risk of being attacked than men who work in the same field.
In government hospitals, the security is inadequate due to the large population and the limited access to private hospitals for the majority of the people in the country. The number of patients visiting government hospitals is high due to their strategic location within the city or state. Therefore, the hospitals also have a very low doctor-patient ratio. On the other hand, the level of security is minimal.
In this situation, the R. G. Kar Medical College mentioned is a large hospital with a high number of daily visitors. Not a single security personnel was present in the hospital building of four or five floors, which is concerning, as a medical college, a mob could breach at any time with no security measures in place. CCTV was not installed. A monitoring system that operates around the clock is not present in a government hospital that receives a large number of patients.
This is scary; not only for the doctors, but for everyone in general, even the patients’ security could be compromised in the long run. If you see a patient or an attendant or a nursing staff, anyone’s security could be compromised.
Common safety measures
Each country tailors its approach based on the specific challenges faced by healthcare professionals within their legal and cultural context. The increasing recognition of the importance of protecting doctors and other healthcare workers has led to more robust laws and regulations globally.
Security Personnel: Many hospitals employ security personnel to ensure the safety of healthcare workers.
Panic Buttons and Alarms: Installation of panic buttons in hospitals and clinics to alert security in case of an emergency.
Training and Awareness Programs: Training healthcare workers in de-escalation techniques and raising awareness about the risks of violence.
Legislation and Legal Support: Advocating for stronger laws and providing legal support to healthcare workers who are victims of violence.
Rules and Acts for the protection of healthcare professionals
Crime against doctors, including violence, harassment, and other forms of aggression, is a serious issue worldwide. Various countries have implemented specific Acts, laws, and safety rules to protect healthcare professionals. A brief overview:
1. India
The Epidemic Diseases (Amendment) Act, 2020: This Act was introduced in response to the rising violence against doctors, especially during the COVID-19 pandemic. It makes any act of violence against healthcare service personnel a cognizable and non-bailable offense, with penalties ranging from fines to imprisonment.
Medical Protection Act (MPA): Many states in India have their versions of the MPA, which makes violence against doctors a non-bailable offense with penalties including imprisonment and fines.
IPC Sections 323, 332, 353: These sections of the Indian Penal Code also deal with causing hurt, obstructing public servants (including doctors) in discharge of their duties, and assaulting them, respectively.
2. United States
Workplace Violence Prevention for Health Care and Social Service Workers Act: This proposed federal legislation aims to require employers in healthcare and social service sectors to develop and implement comprehensive workplace violence prevention plans.
Occupational Safety and Health Act (OSHA): Although not specific to doctors, OSHA guidelines mandate employers, including hospitals, to provide a safe working environment. Various states have specific laws protecting healthcare workers from violence.
State Laws: Many U.S. states have enacted specific laws that enhance penalties for assaults on healthcare workers. For example, in California, the penalty for assaulting healthcare professionals is harsher compared to assaulting other individuals.
3. United Kingdom
Assaults on Emergency Workers (Offences) Act 2018: This law doubles the maximum sentence for assaulting an emergency worker, which includes doctors, from 6 months to 12 months.
National Health Service (NHS) Zero Tolerance Policy: The NHS has a strict zero-tolerance policy against violence and abuse towards its staff, including doctors. Offenders may face prosecution and be banned from accessing NHS services.
4. Australia
Criminal Code Act 1995: Under this federal law, assaults on healthcare workers can result in severe penalties, especially if the assault occurs in the context of providing healthcare.
State Legislation: Different states have specific laws. For example, in New South Wales, the Crimes Act 1900 has provisions that increase penalties for assaults on healthcare workers.
Workplace Health and Safety (WHS) Laws: These laws mandate that healthcare facilities must ensure the safety of their workers, which includes implementing measures to prevent violence against doctors.
5. Canada
Criminal Code of Canada: Assaults on healthcare workers are covered under general assault laws, but certain provinces have introduced specific protections for healthcare workers.
Provincial Legislation: Provinces like Ontario have specific workplace violence prevention laws that require employers in the healthcare sector to implement measures to protect workers from violence.
6. China
Criminal Law of the People's Republic of China: The law provides for severe penalties for anyone causing injury or death to healthcare workers, especially in the context of a dispute related to medical treatment.
Security Regulations for Medical Institutions (2002): These regulations mandate security measures in hospitals to protect doctors and other healthcare staff.
7. Germany
Criminal Code (Strafgesetzbuch, StGB): Assault on a public official, which can include healthcare professionals in certain circumstances, can result in severe penalties.
Workplace Safety Laws: German workplace safety regulations require employers, including healthcare institutions, to ensure a safe working environment, which includes protection from violence.
8. South Africa
Occupational Health and Safety Act (OHSA): This Act requires employers to take reasonable measures to protect employees from workplace violence, including in healthcare settings.
National Health Act: This Act provides some protection for healthcare workers, but violence against doctors is generally prosecuted under general criminal law provisions.
9. New Zealand
Health and Safety at Work Act 2015: This Act requires employers to ensure the safety of their employees, including healthcare workers, by managing risks related to workplace violence.
Criminal Law: Assaulting a healthcare worker is treated as a serious offense under general assault laws, with harsher penalties in certain circumstances.
