Introduction
Prompt and quality healthcare at a time of urgency can mean the difference between life and death. Unfortunately, India is a victim of a large number of road accident fatalities. As per reports, road crashes kill more than 2,00,000 lives in India out of which roughly 50% of victims succumb to the injuries since they don’t receive urgent medical assistance within the Golden Hour. The first few minutes or hours after a severe injury can be extremely important and become a key predictor of the patient's well-being and the clinical result of any emergency procedure carried out, especially if emergency surgery is required to save a life.
All people have the right to life under Article 21 of the 1950 Indian Constitution. Your right to receive emergency medical care is also covered by this. It is the responsibility of all state governments to protect the lives of anyone seeking medical attention. All doctors and medical staff in both government and private hospitals have a responsibility and duty to the community's health.
Moral Obligation or Bounded by Law
The Supreme Court of India stated in Parmand Katra Vs Union of India that every injured citizen brought for medical treatment should immediately be given medical aid to preserve life and that following that, the procedural criminal law should be allowed to operate in order to avoid negligent death. When a medical expert is called upon or asked to attend to an injured person who needs his medical treatment right away, there is no legal barrier in his way. Not only should the medical staff, but also the police and every other member of the public, prioritise saving the patient.
In order to fulfil the State's obligation, a doctor working in a government hospital has a duty to provide medical care aimed at preserving life. Every doctor, whether practising in a government hospital or otherwise, has a duty to expand his services with the necessary knowledge to safeguard life. No law or State action may be taken to prevent or delay the medical community's primary duty from being fulfilled.
As the obligation is comprehensive, absolute, and paramount, any laws of procedure, whether enshrined in statutes or not, that might prevent it from being fulfilled must be disregarded. Every doctor should be reminded of his full responsibility and assured that he does not break the law by treating the injured patient as soon as he appears before him, whether on his own or being carried by others. Also, the hospital cannot refuse treatment on the grounds that – the victim is not in a position to pay the fee or there is no close relative to sign the consent.
Duty of Driver:
Section 132 of the Motor Vehicles Act of 1988 states that it is the duty of a motor vehicle to stop and cooperate for as long as necessary. He is required to provide the victim of the accident with his/her name and address, as well as the name and address of the vehicle's owner.
Laws on Urgent Accident Cases – Good Samaritan Law
In a report titled 'Prehospital Trauma Care Systems,' the World Health Organization noted that bystanders must feel empowered to help the injured and assured that they will not face legal liability as a result of their efforts.
Savelife Foundation VS Union of India stressed the importance of developing a legal framework to protect Good Samaritans so that they are empowered to act without fear of negative consequences or harassment. In this judgement, the Supreme Court recognised guidelines provided by the Centre for protecting Good Samaritans at the hands of the police or any other authority.
The Supreme Court and the Ministry of Road Transport and Highways have made it easier for citizens to assist traffic accident victims. Formerly, people were hesitant to stop and assist such victims due to the lengthy medico-legal process. Recognizing the unfavourable effects this can have on the survival chances of accident victims, the Supreme Court gave effect to the Good Samaritan Law. A Good Samaritan is a person who voluntarily comes forward to provide immediate assistance or emergency care to a person injured in an accident, crash, emergency medical condition, or emergency situation, in good faith, without expectation of payment or reward, and without any duty of care or special relationship.
The Motor Vehicle Act regulates and protects the rights of the victim of a road accident as well as of those who help them. The Motor Vehicles (Amendment) Act of 2019 added a new section 134A named "Protection of Good Samaritans," which states that a Good Samaritan is not liable in any civil or criminal action for any injury to or death of an accident victim.
“Sec 134A- (1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.”
The Ministry of Road Transport and Highways – Standard Operating Procedure
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Except for an eyewitness, anyone who calls the police control room or station to report an accident injury or death may not provide personal information such as complete name, address, phone number, and so on.
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Any police officer may not force the Good Samaritan to provide his or her name, identification, address, or other similar information in the Record Form or Log Register upon arriving at the site.
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No police officer or other person has the right to demand that a Good Samaritan who aids an injured person witness against them. It will only be the Good Samaritan's choice whether to become a witness in the case.
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If a Good Samaritan decides to testify, the investigating officer will, whenever feasible, interview him at a time and location that suit him, such as his home or place of employment. Unless the Good Samaritan prefers to go to the police station, the investigating officer will be in plain clothes.
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When the Good Samaritan's examination cannot be conducted at the Good Samaritan's preferred time and location and the Investigation Officer orders the Good Samaritan to go to the police station, the Investigation Officer must document the reasons for this in writing.
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If a Good Samaritan decides to visit the police station, he will be investigated once, in a reasonable amount of time, without creating an unnecessary delay.
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In cases where a Good Samaritan claims to be an eyewitness, he is permitted to deliver his testimony under oath in accordance with section 296 of the Code of Criminal Procedure, 1973 (2 of 1974), which deals with Evidence in Formal Character on Oath.
Conclusion
Given our country's dubious record of having the highest number of traffic accidents, there is an urgent need for the public and medical practitioners to gain trust in order for them to step forward and help accident victims in time to save their lives. In many countries, there are laws making it compulsory for hospitals and medical practitioners to provide treatment to accident victims and these rules provided for penalties if they decline to do so.
A Study says that 84% of people are not aware of the Good Samaritan law. Furthermore, 77% of people stated that hospitals unnecessarily detained Good Samaritans and asked them to pay hospital registration fees and other charges.
Therefore, the tribe of Good Samaritans should increase and government should focus on spreading awareness among people. Also, the Centre government should take steps to support the rights of people who help accident victims and prevent unnecessary harassment. This is the reason why people hesitate to help those victims. Recently Odisha Government launched a scheme in which the state govt offered a 2000 Rs Reward to people for saving the lives of road accident victims by shifting them to nearby hospitals. The very purpose of this scheme is to encourage people to come forward and make them aware. Such a scheme should be launched by the Central government and an effort should be made to make people aware of the existing laws and protections in cases of road accidents.