The Cowering and Reluctant Hero
I recently read a report of mid air life being saved by a doctor and was reminded of an incident which happened recently with me during a Vistara Flight to Raipur. There was an inflight announcement for a doctor to contact the flight attendant as a passenger had collapsed. Though seeped in the legal implications of such adventure I was forced by my medical training to raise my hand and open my seatbelt. What happened next was an eye opener. Here I was volunteering against my better judgment to undertake a risk which could result in me being prosecuted and the petite young stewardess blocked my way and asked me for my credentials ! I was astounded and a bit wounded. While I fumbled to comprehend which of my dozen certificates she wanted to examine before permitting me to “help”, two other doctors many years younger to me had already leapt to the scene of action obviously having satisfied the flight attendants of their credentials. The patient meanwhile had responded well to a glass of water and tender loving care.
I was left to ponder over the demand made by the flight attendants obviously as per policy of the airline. Why did she ask me for my credentials. Obviously no electronic salesman would volunteer when a doctor has been paged for to tackle an inflight emergency. The reason I realized was the airline wishes to indemnify itself as to the qualification etc of the person providing emergency treatment on board so that it is not accused of “negligence”. The question then arises is that if the airlines is careful who it allows to “help” free of cost should we as doctors also not stop and consider the implications of such philanthropic action. The obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies is unclear in India and even internationally. The service even if provided free of cost would still need to be of standard as defined by Bolams Test.
Many passengers from different nationalities might board aircrafts registered in a foreign country, take off in another country and finally land in a yet different country. If such a passenger requires inflight medical assistance and later sues for substandard care provided causing damage to him, Which country would be competent to hear the case ? What is the doctor’s liability ? What happens if the doctor refuses to help during a medical emergency ?
In India right to health is deemed to be a fundamental right under Article 21 of Indian Constitution. World Medical Association has issued its declaration on rights of patients according to which the 1st of the 10 rights mentioned in it is the right to healthcare. In the case of Orchid Hospital & Ors Vs Smt Savita Guliani SCDRC acknowledged a patients right to healthcare in emergency and awarded compensation against a pediatrician who was part of a crowd which collected in front of his clinic after a person alighted from a bus and collapsed from knife wounds. Patient was carried to nearby hospital where he was brought dead.
The issues involved in inflight medical emergencies are complex and airlines take steps to indemnify themselves from malpractice claims. There is need for us to lobby for good Samaritan law to protect us when we offer our services in medical emergency. I for one have stopped using prefix “Dr” when booking air tickets.
Dr. Sudhir Khunteta,
Director & Chief Intensivist,
SHUBH HOSPITAL,
Gen. Secy. Transport Medicine Society
A-35, Vidhyut Nagar
Jaipur, India
Phone : 0141-2245987
0141-2351529
01012356223
Fax : 0141-2357223
Mobile : 09829051529
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- Transport Medicine (TM) is an evolving specialty overlapping multiple primary specialties. Recognizing the increasing need to consolidate the field and to promote awareness, continuing education and research in this field, the Transport Medicine Society (TMS) was formed on 9th August 2016.