SC seeks response from Centre, NMC over live surgery broadcast
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud issued notice on a petition filed by doctor Rahil Chaudhary and two others highlighting how this practice has been discontinued in several foreign countries due to the potential risk it posed to patients
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The Supreme Court on Friday sought a response from the Centre on a petition raising legal and ethical challenges to the practice adopted by hospitals to conduct live broadcast of surgical procedures without obtaining informed consent from the patient and in the absence of any regulatory framework governing doctors performing it.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud issued notice on a petition filed by doctor Rahil Chaudhary and two others highlighting how this practice has been discontinued in several foreign countries due to the potential risk it posed to patients.
The plea mentioned that the doctor performing surgery gets distracted by explaining the procedure to an audience.
The Court also issued notice to the National Medical Commission (NMC) to ascertain if there is any regulatory framework governing such cases.
The need for this was highlighted by the petitioners who cited a 2015 incident that took place at AIIMS Delhi where a patient died while a live surgery broadcast was being performed by a doctor.
Senior advocate Gopal Shankaranaraynan, appearing for the petitioners, said that the issue requires urgent consideration as many private hospitals are commercially exploiting the patients and using them as models to fulfil their ulterior motives.
{{/usCountry}}Senior advocate Gopal Shankaranaraynan, appearing for the petitioners, said that the issue requires urgent consideration as many private hospitals are commercially exploiting the patients and using them as models to fulfil their ulterior motives.
{{/usCountry}}He said that surgeries are being performed live with several people watching and asking doctors conducting the procedure questions.
{{/usCountry}}He said that surgeries are being performed live with several people watching and asking doctors conducting the procedure questions.
{{/usCountry}}There is also a sponsorship and advertising angle as many companies use these forums to promote their products in complete ignorance of the ethical standards laid down for surgery by the NMC, added Sankaranarayanan.
{{/usCountry}}There is also a sponsorship and advertising angle as many companies use these forums to promote their products in complete ignorance of the ethical standards laid down for surgery by the NMC, added Sankaranarayanan.
{{/usCountry}}“Live surgery raises ethical concerns related to informed consent. Patients are seldom informed that the surgeon’s attention may be divided by interaction with the audience while conducting the surgery, potentially putting them at risk. In some cases, patients are offered fee waivers, inducing them to participate without adequate understanding or autonomy in decision-making. All they are told is that a foreign doctor will be performing the operation,” Sankaranarayanan said to the Court.
{{/usCountry}}“Live surgery raises ethical concerns related to informed consent. Patients are seldom informed that the surgeon’s attention may be divided by interaction with the audience while conducting the surgery, potentially putting them at risk. In some cases, patients are offered fee waivers, inducing them to participate without adequate understanding or autonomy in decision-making. All they are told is that a foreign doctor will be performing the operation,” Sankaranarayanan said to the Court.
{{/usCountry}}The petition said that the fundamental human rights of patients cannot be subject to the whims of a particular group as “advertising, sponsorship, and professional showmanship overshadow the true purpose of these broadcasts.”
The bench, also comprising justices JB Pardiwala and Manoj Misra said, “It also serves as an educational tool.”
The petitioners, also comprising a lawyer and a public-spirited citizen, told the Court there is no concrete evidence supporting the “educational effectiveness” of live surgery broadcast.
For the purpose of education, the petition said that prerecorded surgical videos offer better frame-by-frame analysis and do not divert the surgeon’s attention.
The bench said it would leave the issue to be considered by the NMC and posted the next hearing after three weeks.
