Unveiling the Dark Side: Medical Scams in India

Major Medical Scams and Cases in India

Kunal Saha vs. Dr. Sukanto Mukherjee and Others (2011)

Dr. Kunal Saha, an American-Indian physician, filed a case against Dr. Sukanto Mukherjee and the Kolkata-based AMRI (Advanced Medical Research Institute) hospital after the death of his wife during treatment. Dr. Saha alleged improper treatment and medical negligence, including the use of high-dose steroids without patient or family consent, leading to her death. This case highlighted critical issues such as medical negligence, patient consent, the rights and duties of hospitals, and the need for better regulation of the medical profession in India.

Dr. Arvind Shah vs. Kamlaben Kushwaha (2010)

In this case, the court found Dr. Arvind Shah guilty of medical negligence due to his failure to provide adequate post-operative care, which led to the patient’s death. The court emphasized the importance of informed consent and the responsibilities of healthcare providers to ensure that patients and their families are fully informed about the risks and benefits of any treatment.

Dead Kept Alive

In some private hospitals, authorities have been observed claiming a dead person is alive to extort more money. This practice is extremely unethical and shameful.

Life Insurance Policy Fraud

The Insurance Fraud Survey 2023 indicated a surge in fraudulent activities in life and health insurance categories in India. The proliferation of digital technologies (34%), adoption of remote working practices post-pandemic, and weakened controls (22% each) were identified as primary factors contributing to this fraud. Types of fraud include:

• Application Fraud
• Claims Fraud
• Forgery
• Phoney Policy
• Fraud
• Identity Theft

Organ Trafficking

Investigations have discovered that approximately 2,000 individuals in India sell a kidney annually.  Many patients lose their body parts fraudulently every year in India.

Commission on Referral to Hospital

Investigations revealed that about 50% of doctors, hospitals, pharmacies, and diagnostic centers run a referral program akin to “Refer and Earn.” Some dishonest individuals and groups have turned the medical sector into a corporate business, causing common people to suffer from fake medical tests and being bound to buy specific branded medicines from recommended pharmacies.

Relevant Legal Framework

Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002

These regulations set out the code of ethics and conduct for medical practitioners in India. They provide guidelines on professional behavior, maintaining patient confidentiality, and ensuring informed consent, among other ethical considerations.

Consumer Protection Act, 2019

This act provides a legal framework for consumers to seek compensation for medical negligence and unethical practices by healthcare providers. It establishes consumer dispute redressal commissions to address such complaints.

Clinical Establishment (Registration and Regulation) Act, 2010

This act regulates clinical establishments to ensure they provide quality products and adhere to ethical standards. It covers issues related to patient rights, registration of clinical establishments, and standards of care.

Drugs and Cosmetics Act, 1940

This law governs the manufacture, sale, and distribution of drugs and cosmetics in India. It includes provisions to regulate the quality of medicines and medical devices to protect patients from substandard products.

Transplantation of Human Organs and Tissues Act, 1994

This act regulates the removal, storage, and transplantation of human organs and tissues. It aims to prevent illegal organ trafficking and unethical practices related to organ transplantation.

Indian Penal Code (IPC), 1860

• Section 304A:now 106(1) of BNS Causing death by negligence, punishable with imprisonment for up to two years, or with a fine, or both.
• Section 337: (now 125A of BNS) Causing hurt by act endangering life or personal safety of others, punishable with imprisonment for up to six months, or with a fine, or both.
• Section 338:(now 125B of BNS) Causing grievous hurt by act endangering life or personal safety of others, punishable with imprisonment for up to two years, or with a fine, or both.
• Section 304:(now 105 of BNS) Punishment for culpable homicide not amounting to murder.
  State Medical Council Regulations
  Each state in India may have its own council regulations that complement the national regulations and address local concerns.

Addressing Medical Scams in India

Despite having several laws and guidelines against unethical medical practices, common people still face these problems. The primary issue is corruption. The government should take practical and logical steps against corruption. However, it is also important to acknowledge the many honest doctors, good hospitals, and NGOs that serve patients dutifully, not as a profit-making business.