IS it professional misconduct in India?? see more details...?

Question

IMAGINE some Indian government lady doctor allows her adult daughter to WATCH some patient's delivery (in proper clothings of O.T.) WITHOUT taking consent from that patient.
That lady doctors' daughter is neither medical professional nor medically qualified.
Isn't it Professional MISCONDUCT or
BREACH of professional SECRECY of patient?
At what amount they are punished for such act??

Answer 1

Since this question relates to medical practitioners we first have to check whether such an act some Indian government lady doctor allows her adult daughter to WATCH some patient's delivery (in proper clothing’s of O.T.) WITHOUT taking consent from that patient.
That lady doctors' daughter is neither medical professional nor medically qualified. Amounts to unethical act or professional misconduct on the part of this lady doctor under the provisions of Indian Medical Council Act, 1956 read with Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002. Or not. The said regulations as noted above in provides Chapter 2-DUTIES OF PHYSICIANS TO THEIR PATIENTS 2.2 provides Patience, Delicacy and Secrecy: Patience and delicacy should characterize the physician. Confidences concerning individual or domestic life entrusted by patients to a physician and defects in the disposition or character of patients observed during medical attendance should never be revealed unless their revelation is required by the laws of the State. Sometimes, however, a physician must determine whether his duty to society requires him to employ knowledge, obtained through confidence as a physician, to protect a healthy person against a communicable disease to which he is about to be exposed. In such instance, the physician should act as he would wish another to act toward one of his own family in like circumstances.
CHAPTER 7 of the regulation provides - MISCONDUCT The following acts of commission or omission on the part of a physician shall constitute professional misconduct rendering him/her liable for disciplinary action - 7.14 provides :- The registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his / her profession except –
in a court of law under orders of the Presiding Judge;
in circumstances where there is a serious and identified risk to a specific person and / or community; and
notifiable diseases.
In case of communicable / notifiable diseases, concerned public health authorities should be informed immediately. In this case since the doctor D in question is a government maternity hospital hence lets see what section 166 of the Indian Penal Code states :-
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Let us also see what punishment the above mentioned Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 provides under Chapter 8 8.2 Provides :- It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/ Societies/Bodies. In the present case the act of the lady doctor allowing her non medical profession daughter to watch delivery of a patient without her permission amounts to intrusion in the privacy or secrecy of such a patient, since the lady doctor was not legally bound to disclose the process of delivery of this lady or any complications or details with relation to her delivery which amounts to the secrets of the this patient which this lady doctor came to know in exercise of her profession to any one as per chapter 7.14 her such conduct of inviting her own daughter to watch the whole process of the delivery of this lady amounts to her professional misconduct for which she is liable for action both under the provisions of the Indian Medical Council Act, 1956 read with Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002. As well under section 166 of the Indian Penal Code as she being a Government hospital doctor is a public servant & bound to act with due diligence & reasonableness which she avoided to do so in the present case.

Answer 2

should take action against her. If i were a lady i will surely would.