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2020 ; 11
(1
): 83-86
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Being Legally Sound in the COVID-19 Era
#MMPMID40477032
Setya AK
J Dig Endosc
2020[Mar]; 11
(1
): 83-86
PMID40477032
show ga
All the three Indian gastroenterology societies (Society of Gastrointestinal
Endoscopy of India, Indian Society of Gastroenterology, and Indian National
Association for the Study of the Liver) jointly recommend to consider only
emergency and urgent endoscopy procedures for the next 1 month or till the
current threat due to coronavirus disease 2019 (COVID-19) is over. Two laws that
are penal in nature are now applicable in the current pandemic, namely the
Epidemics Diseases Act 1897 and the Indian Penal Code 1860. No act of an
endoscopist should be seen to be in contravention of any of the aforementioned
laws, and the sections thereunder as provisions of the Indian Penal Code can be
attracted in the current scenario for spreading an infectious disease either
knowingly (Section 270) or unknowingly or negligently (Section 269). Section 4 of
the Epidemics Disease Act 1897 gives legal protection to every person who has
acted under this Act or the directions issued under this Act subject to only one
condition, that is, the act must have been done in good faith. Though the
hospitals are obliged to ensure personal safety of its staff legally, morally and
ethically, because of the huge gap in demand and supply of personal protective
equipment (PPE), it is advisable to arrange PPE on one's own to first protect
oneself and then, by extension, to prevent the spread to others. The dictum is
"take care of yourself." Self-preservation is a supreme law. In the current
COVID-19 pandemic conditions, certain additional information, to be agreed upon
by the patient, needs to be incorporated in the consent. It should be
incorporated in the consent that: ??While all the necessary precautions are being
taken, there is a finite though small risk that the patient may contract the
infection from the hospital. ??He/she indemnifies the hospital and the
endoscopist against any such liability arising out of any action taken while
doing the procedure. ??Furthermore, to protect the patient him/herself, he/she
agrees to get the preprocedural test for COVID-19 as well as bear the additional
cost of the PPE used by the endoscopist and support staff. Several of those who
have undergone an endoscopy would require a follow-up consultation. As it is
difficult to have physical interaction, teleconsultation may be done as per the
telemedicine practice guidelines issued by the Medical Council of India (MCI).
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