Doctor Laws(Medical Laws) have been established in Section 230-232 of Chapter 19 of the National Penal Code titled Offenses Related to Medical Treatment.
It has also criminalized unlicensed Treatment of Patients in Nepal, Reckless treatment, and Intentional/Malicious Treatment.
List of Doctor Laws(Medical Laws) in Nepal:
Following is the list of Crimes in which Doctors are liable in Nepal:
Licensed Treatment
It has been prohibited in Nepal to conduct medical treatment by persons that haven’t obtained medical licenses in Nepal. Only Individuals with a qualified Medical License can perform medical surgeries, prescribe medications, or administer medical treatment in Nepal.
Further, the License must have been obtained from a lawful competent Education Body. Unauthorized or Unlicensed Persons have been prohibited in Nepal from providing any form of Serious Medical Treatment.
However, Persons who have gained Extensive Knowledge of the Medical Field through continuous Experience can be allowed to treat others in special conditions.
They are allowed to administer common and non-harmful medications to resolve minor illnesses. They can conduct medical treatments for Minor Wounds with appropriate Medical Care.
If Individuals engage in Medical Activities without the appropriately prescribed Medical License, it is considered to have been a Criminal Offense in Nepal. Individuals who operate as Medical Doctors in Nepal without a license can be imprisoned for a term not more than 3 years and fined for not more than NPR 30,000.
However, during the process of Giving Treatment conducting Surgeries, or Administering Drugs, if the patient dies because of the Unlicensed Medical Doctor, they can be sentenced to a term of Imprisonment for Life if it causes death. They can be imprisoned for up to fifteen years if their unwarranted Treatment causes Grievous Hurt.
Malicious Treatment
Conducting Intentionally Harmful or Dangerous Treatment that could threaten the Body or Life of the Patient has been prohibited in Section 231 of the National Penal Code.
It has been forbidden by the Act for any person to carry out medical treatment to cause Death or Grievous Harm to another Person.
A Doctor is prohibited from providing one type of Medical Treatment instead of the required treatment. Further, they cannot knowingly administer or prescribe drugs that have the potential to cause death or grievous harm.
They cannot conduct other harmful acts including initiating Surgery on the Wrong Organ or making the Organ dysfunctional.
Doctors must not have the Mens rea including the Intent to harm or cause Serious Injury.
If Doctors are involved in Malicious treatment, they are liable to the following Punishment:
- If Malicious Treatment of the Doctor results in the death of Another Person, the Criminal convicted can receive a sentence that is provided for committing Intentional Murder (Imprisonment for Life).
- If the Malicious Treatment causes Grievous Hurt or Hurt to the Patient, the Doctor convicted of such a crime receives the same sentence as is imposed for Grievous Hurt.
Negligent/Reckless Treatment
Section 232 of the National Penal Code strictly prohibits conducting Medical Treatment by licensed Doctors in Nepal by recklessness or Negligence so that it causes Death or Grievous Hurt or Hurt.
Individuals who have been authorized under Nepalese Law to provide medical treatment to their patients have been strictly sanctioned for conducting such Treatment in a Reckless or Negligent Manner.
Furthermore, if the Medical Professional administers Drugs or provides its Prescription recklessly or negligently, it constitutes a Crime and its punishment is dependent upon the consequence of the Recklessness/Negligence.
Moreover, Medically Licensed Doctors must proceed with Due Care and Precaution in Nepal.
The Following is the prescribed punishment upon which a Doctor is liable for being Punished in Nepal:
If the Reckless Act of the Medical Professional providing Medical Treatment results in Death or Grievous Hurt of the Patient, the Convicted Offender is liable for the following:
- First, a sentence of Imprisonment for a term not more than five years and
- Second, a fine of not more than NPR Fifty Thousand Rupees.
If the Negligent Act of the Legally Authorized Doctor causes death or grievous Hurt of the Patient, the convicted Doctor is liable to the following in Nepal:
- First: a sentence of Imprisonment for a term not more than 3 years and
- Second, a fine of not more than NPR 30,000.
Compensation
The Act has provisioned that Reasonable Compensation must be paid to the concerned Victim or his/her successor if Grievous Hurt, Death, or other alarming Injury or Damage is committed that has been criminalized under this Act.
Statute of Limitation
If the Act of the Doctor causes Death, the Statute of Limitation for reporting a Complaint to the Police Station is unspecified and the complaint can be filed anytime.
For Unlicensed Treatment of Doctors, the statute of Limitation is one year from the date of knowledge of the commission of Crime.
For the Rest of the above-mentioned Crimes, the Statute of Limitation is six months from the date of commission.
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