Doctors, a former judge, a senior advocate and a former editor debated on Friday evening whether the fear of the judiciary is preventing medics from giving maximal care.
In the end, the house at Calcutta National Medical College and Hospital, comprising an overwhelming majority of doctors, voted for the motion — “fear of the judiciary hinders the medics from giving maximal care”.
The debate — a sought-after event at the 74th reunion of the medical college — had a nearly packed auditorium.
Cardiothoracic surgeon Kunal Sarkar started the debate with an emphatic argument for the doctors. “Doctors are the only professionals who are litigated against in four forums of justice. There is a consumer court, a civil court, a criminal court, and sometimes even police can knock on your door,” he said.
First to speak against the motion was Samapti Chatterjee, a retired judge of Calcutta High Court.
Chatterjee said the judiciary cannot be held responsible if doctors were dragged to court. “If there is a fault of a doctor, then he or she is taken to court. You cannot forget medical negligence. It is real,” she said.
Orthopaedic Debraj Ghosh, an alumnus of Calcutta National Medical College, drew the loudest cheer as he retorted Chatterjee. He said doctors nowadays often resort to “defensive medicine” to avoid charges of malpractice. “...Doctors nowadays do not only carry a stethoscope, but they also carry with them the fear that one death will raise charges of negligence,” he said.
Suranjan Dasgupta, a senior lawyer at Calcutta High Court, said that criminal prosecution of doctors were in the “rarest of rare cases”.
“The Supreme Court has made it clear that there can be no arrest without taking expert opinion in a complaint against a doctor.”
The last two speakers from both sides were from neither field.
Swapan Dasgupta, a former nominated member of the Rajya Sabha, spoke for the motion and attacked the unpredictability of judicial verdicts.
“There is no such thing as a uniform decision of law. They (courts and judges) are giving their version of what they feel, and not interpreting the law.”
Pradeep Gooptu, a former journalist and editor, said doctors had chosen the wrong enemy in the judiciary. Doctors need to be wary of social media activists.”
Former sheriff of Calcutta and journalist, Utpal Chatterjee, moderated the debate.
Subir Banerjee and Subhasree Sarkar, members of the organising committee of the 74th reunion, introduced the speakers before the debate.
The 1990 batch organised the reunion this year.