"The concerned doctors by publishing their names and photos in newspapers advertisement; have transgressed the medical Code of Ethics," said the Ethics Committee. The Committee decided to remove the names of the doctors mentioned in the advertisement from the Indian Medical Register/State Medical Register for a period of 15 days.
The doctors whose names were mentioned in the advertisement for Saxena Hospital included: Dr Divya, Saxena, Consultant Physician, Dr Rakesh Chanda, Dr Prashant Tyagi, Dr Sanjeev Jain, Dr D K Shrivastava, Dr. Garima, Dr Seema Chanda, Dr Anurag Arora, Dr Anshuman Kumar and Dr Jagjit Singh.
The committee stated that the doctors had violated the provision of the code that stated that a physician should not contribute to the lay press articles and give interviews regarding diseases and treatments which may have the effect of advertising himself or soliciting practice. But a doctor can write to the lay press under his/her own name on matters of public health, hygienic living or to deliver public lectures, give talks on the radio/TV/internet chat for the same purpose and send announcement of the same to lay press.
The decision was taken on an appeal filed by Ramesh Kumar Khatri Numberdar in August 2011. He filed before MCI since there was no action on the complaint that he filed with the state medical council. Though the complaint included a case of negligence against both Saxena Hospital and Sir Ganga Ram Hospital, it was primarily a complaint against Saxena Multi-Specialty Hospital regarding advertisement. In June 2012 MCI stated that it was unethical for the doctors to advertise and issued directions to the doctors to not solicit/advertise. The committee then invited both parties for a hearing to give their version. Earlier this year, after reviewing all the relevant records and documents submitted by Dr. Akhil Saxena and Dr. Anupama Sethi Arora of Saxena Hospital, the committee, took the decision to penalise the 10 doctors whose names and photos appeared in the advertisement.
The code of ethics also has a provision on advertisement that a physician shall not use of his/her name as the subject of any advertising or publicity through any mode either alone or in conjunction with others in a manner that "invites attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandizement". It also adds that physicians cannot endorse, any drug, surgical or therapeutic appliance or any commercial product apparatus by lending his his name, signature, or photograph in any form or manner of advertising through any mode. A doctor is also not permitted to boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode.
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