NMA warns of service shut down over provisions of Criminal Code

Kathmandu / Aug 13: The Nepal Medical Association on Monday has warned of shutting down services in protest of new provisions in Criminal Code relating to medical negligence and recklessness by doctors effective from August 17.

The association has warned that if the laws are enforced without amendment, the doctors will hand over their aprons and medical license to Nepal Medical Council and shut medical services.

New provisions in the code state that if a doctor is found guilty of negligence or recklessness in treatment leading to the patient’s death, s/he shall be slapped 3 years prison sentence and Rs 30,000 in fines and 5 years jail-term, respectively.

According to NMA, the new provisions if enforced will put a doctor behind bars under criminal charges.

In this backdrop, the association has demanded amendments ensuring probe by expert team and actions under Civil Code in case of medical recklessness or negligence by a doctor.

According to Chair of NMA, Mukti Ram Shrestha, the doctors are concerned not about the jail-term but about being charged under Criminal Code.

The Criminal Code allows the law enforcement officers to nab the accused first and initiate an investigation later. On contrary, the Civil Code ensures an investigation prior to the arrest/s of accused. Courtesy: The Himalayan Times