adarsha (@adarsha)
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Social Media Misreads Supreme Court Observation on DAMA — IMA-HBI Leaders Forum Clarifies for Doctors
IMA HBI Leaders VoicesClarification on DAMA / LAMA Misinterpretation on SOCIAL MEDIA about supreme court guidance
Recent discussions on social media have created confusion regarding Discharge Against Medical Advice (DAMA/LAMA) after observations made by the Supreme Court of India.
The Court has not banned DAMA, nor has it stated that hospitals or doctors will be criminally liable for every DAMA discharge. Patients and families still have the legal right to leave a hospital against medical advice due to personal choice, financial reasons, or transfer to another facility.
What the Court emphasized is that DAMA should not be misused as a routine shortcut, especially in terminal or end-of-life situations. In such cases, hospitals should follow proper medical and legal procedures under the framework laid down in Common Cause v. Union of India and reaffirmed in the recent judgment Harish Rana v. Union of India, which discusses withdrawal or withholding of life-sustaining treatment through a structured medical decision-making process.
In simple terms:
DAMA remains legally valid, but hospitals must ensure ethical practice, transparent communication with families, and proper end-of-life care protocols instead of using DAMA as a substitute for medical decision-making. -
Odisha hospital fire: 10 patients dead, 11 staff severely burned at Cuttack Medical College; PM Modi announces ex-gratia
Medico-Legal & Risk Managementits a tragedy
what all the means of preventing such disasters?