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“Liticaphobia” of Surgeons and Bharatiya Nyaya Sanhita Act

  • Kaushik Bhattacharya,
  • Neela Bhattacharya,
  • Aditya Shikar Bhattacharya,
  • Vipul D. Yagnik,
  • Pankaj Garg

摘要

Any proven medical negligence under the new Bharatiya Nyaya Sanhita Act (BNSA) 2023 imposes imprisonment of up to 2 years if found guilty by a court of law along with a fine. This has made surgeons go into a shell and has diminished the risk-taking challenging attitude for a lifesaving surgery at odd hours. Surgeons now suffer from “Liticaphobia” — a fear of lawsuits. The majority of the surgeons are at a loggerhead of either facing workplace violence or having a case of medical negligence filed against them if there is any untoward event while performing surgery. It is time for surgeons to be trained in the nitty–gritty of BNSA to avoid any type of phobia at work. The most important message is no matter what is there in the media or public domain, “the law is at its place” and hence all anxiety of the surgeons should be at bay.