The Declaration of Geneva Convention (1948)

The Declaration of Geneva is one of the World Medical Association’s (WMA) oldest policies adopted by the 2nd General Assembly in Geneva in 1948. It builds on the principles of the Hippocratic Oath, and is now known as its modern version.

It also remains one of the most consistent documents of the WMA. With only very few and careful revisions over many decades, it safeguards the ethical principles of the medical profession.

At the time of registration, each applicant shall be given a copy of the Declaration by the Registrar of the concerned Medical council and the applicant shall read, sign, and agree to abide by the same.

The Physician’s Pledge

AS A MEMBER OF THE MEDICAL PROFESSION:

I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;

THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration;

I WILL RESPECT the autonomy (liberty) and dignity of my patient;

I WILL MAINTAIN the utmost respect for human life;

I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality, political affiliation, race, sexual orientation, social standing or any other factor to intervene between my duty and my patient;

I WILL RESPECT the secrets that are confided in me, even after the patient has died;

I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical practice;

I WILL FOSTER the honour and noble traditions of the medical profession;

I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;

I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of healthcare;

I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest standard;

I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;

I MAKE THESE PROMISES solemnly, freely, and upon my honour.

Professional Misconduct

Professional misconduct by doctors is such conduct which is considered disgraceful or dishonorable by other doctors of good repute and competence.

The Indian Medical Council Act, 1956 empowers MCI (Medical Council of India) to make regulations for the professional conduct of doctors. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, notified by the MCI in 2002 governs the regulation of professional conduct, ethics, and etiquettes for registered medical professionals. 

The regulation prescribes an inclusive definition of professional misconduct. It means that the regulation does not contain all the instances of misconduct. So, different acts of misconduct given in the regulation are only extensive, not exhaustive.

CODE OF MEDICAL ETHICS :

Declaration: Each applicant, at the time of making an application for registration under the provisions of the Act, shall be provided a copy of the declaration and shall submit a duly signed Declaration as provided in Appendix 1. The applicant shall also certify that he/she had read and agreed to abide by the same

Duties and responsibilities of the Physician in general :

* A physician shall uphold the dignity and honour of his profession.

The prime object of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration.

* No person other than a doctor having qualification recognised by Medical Council of India and registered with Medical Council of India/State Medical Council (s) is allowed to practice Modern system of Medicine or Surgery. A person obtaining qualification in any other system of Medicine is not allowed to practice Modern system of Medicine in any form.

* The Principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man.

* Physicians should try continuously to improve medical knowledge and skills and should make available to their patients and colleagues the benefits of their professional attainments.

* The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. The honoured ideals of the medical profession imply that the responsibilities of the physician extend not only to individuals but also to society.

* For the advancement of his profession, a physician should affiliate with associations and societies of allopathic medical professions and involve actively in the functioning of such bodies.

* A Physician should participate in professional meetings as part of Continuing Medical Education programmes

* Every physician shall maintain the medical records pertaining to his / her indoor patients. . If any request is made for medical records either by the patients / authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued. A Registered medical practitioner shall maintain a Register of Medical Certificates giving full details of certificates issued. Efforts shall be made to computerize medical records for quick retrieval.

* Every physician shall display the registration number accorded to him by the State Medical Council / Medical Council of India in his clinic and in all his prescriptions, certificates, money receipts given to his patients.

* Every physician should, as far as possible, prescribe drugs with generic names and he / she shall ensure that there is a rational prescription and use of drugs.

* The physician, engaged in the practice of medicine shall give priority to the interests of patients. The personal financial interests of a physician should not conflict with the medical interests of patients. A physician should announce his fees before rendering service and not after the operation or treatment is under way.

* The physician shall observe the laws of the country in regulating the practice of medicine and shall also not assist others to evade such laws.

DUTIES OF PHYSICIANS TO THEIR PATIENTS :

* Though a physician is not bound to treat each and every person asking his services, he should be ever ready to respond to the calls of the sick and the injured. A physician advising a patient to seek service of another physician is acceptable, however, in case of emergency a physician must treat the patient. No physician shall arbitrarily refuse treatment to a patient.

* Patience and delicacy(skill) should characterize the physician. Confidences concerning individual or domestic life entrusted by patients to a physician and defects in the character of patients observed during medical attendance should never be revealed unless their revelation is required by the laws of the State.

* The physician should neither exaggerate nor minimize the gravity of a patient’s condition. He should ensure himself that the patient, his relatives or his responsible friends have such knowledge of the patient‟s condition as will serve the best interests of the patient and the family.

DUTIES OF PHYSICIAN IN CONSULTATION :

* Unnecessary consultations should be avoided. Consulting pathologists /radiologists or asking for any other diagnostic Lab investigation should be done judiciously and not in a routine manner.

* When a patient is referred to a specialist by the attending physician, a case summary of the patient should be given to the specialist, who should communicate his opinion in writing to the attending physician.

* A physician shall clearly display his fees and other charges on the board of his chamber and/or the hospitals he is visiting. Prescription should also make clear if the Physician himself dispensed any medicine.

* A physician shall write his name and designation in full along with registration particulars in his prescription letter head.

UNETHICAL ACTS :

* Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical.

* A physician may patent surgical instruments, appliances and medicine or Copyright applications, methods and procedures. However, it shall be unethical if the benefits of such patents or copyrights are not made available in situations where the interest of large population is involved.

* A physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment.

* Practicing euthanasia(mercy killing) shall constitute unethical conduct. However on specific occasion, the question of withdrawing supporting devices to sustain cardio-pulmonary function even after brain death, shall be decided only by a team of doctors and not merely by the treating physician alone.

MISCONDUCT :

* Abuse of professional position by committing adultery or improper conduct with a patient or by maintaining an improper association with a patient will render a Physician liable for disciplinary action as provided under the Indian Medical Council Act, 1956 or the concerned State Medical Council Act.

* Conviction by a Court of Law for offences involving moral turpitude / Criminal acts.

* On no account sex determination test shall be undertaken with the intent to terminate the life of a female foetus developing in her mother‟s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. Any act of termination of pregnancy of normal female foetus amounting to female foeticide shall be regarded as professional misconduct on the part of the physician leading to penal erasure besides rendering him liable to criminal proceedings as per the provisions of this Act.

* A registered medical practitioner shall not contravene the provisions of the Drugs and Cosmetics Act and regulations made there under.

* The registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his / her profession except – i) in a court of law under orders of the Presiding Judge; ii) in circumstances where there is a serious and identified risk to a specific person and / or community; and iii) notifiable diseases. In case of communicable / notifiable diseases, concerned public health authorities should be informed immediately.

* Performing or enabling unqualified person to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication.

* A Physician shall not use touts or agents for procuring patients.

* Before performing an operation the physician should obtain in writing the consent from the husband or wife, parent or guardian in the case of minor, or the patient himself as the case may be.