Abstract

Due to the shortcomings of the Indian Medical Association Act,1956, need was being felt for a long time to replace it by a rational act which could embody in itself all the activities and the foul plays which were deliberately not taken into account or went unnoticed. The Omissions and the Commissions in treatment of patients was of utmost importance as they were directly related to the well-being of the patients under treatment and in some cases would have put the precious life to an unfortunate end. Such replacement was essential keeping in view the aspirations of Indian masses at large and the patients in general who were victims to the medical negligence and medical malpractice which is so common now-a-days that it does not escape bold headings in almost all the newspapers and the electronic channels. The Apex body i.e. Medical Council of India (MCI) was found short of fulfilling its mandated responsibilities, time and again. The prevalent model of medical education was unable to produce that type of medical professionals which were required to meet the country’s primary health needs apart from giving positive results in complex situations related to the patients undergoing treatment in various hospitals. The reason behind all this was that Medical Education and Curricula were not integrated with the health system needs. The medical graduates lacked competence in performing normal deliveries. Moreover unethical practice grew by leaps and bounds so much so that it damaged the respect for medical profession. The State and the Central ministry lacked the power and the will to remove any member of the Medical Council even in those cases in which charges of Corruption against that member were proved

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