Never mind the demands for specifics from Dr. Alverston Bailey, president of the Medical Association of Jamaica, anecdotal evidence would tend to support Chief Justice Zaila McCalla's recent warning to doctors about the issuing of false medical certificates. The Chief Justice is concerned that doctors too often write these certificates purporting that potential jurors are ailing, thereby exempting them from service. The implication is that doctors often lie - effectively entering into collusion with their clients to circumvent their civic duty.
The perception that doctors too readily sign 'sick certificates' is not restricted to jury service. Over many years of observation, employers have formed this perception too. Often, all an employee has to do is go to a doctor and complain of not feeling well, suggesting the number of days needed to be off from work, and the certificate is prepared after a perfunctory examination.
It is not that the doctors stand to gain any substantial financial fee from this practice, rather, it is just one of the 'done' things in our society - one more area in which we have learned to look the other way.
More pertinent to Justice McCalla's call for doctors to stop the practice, however, are the reasons persons shy away from doing their civic duty. They are many, but chief among them is the tedious, time wasting that characterises our justice system.
People who are called to serve sometimes find that several hours or days are wasted because of inefficiency in the court system. Sometimes, there are concerns about personal security depending on the nature of the case. Then, there is the system by which jurors may claim for out-of-pocket expenses and the length of time it takes for refunds to be made.
The upshot is that in some areas of our court system, there has developed a cadre of professional jurors - ever ready and willing to serve. When the same set of people are making frequent appearances in court, their neutrality cannot be assured. This is but another area of the country's creaking justice system that is often overlooked. It has been suggested on other occasions that the jury pool should comprise to a greater degree, retired persons who have more time to serve. This is a useful suggestion, but undercuts the notion of jury trial by one's peers.
So, the concerns raised by Mrs. Justice McCalla are as relevant to the justice system as to the medical profession. If, and when, doctors sign certificates on demand, they undermine the ethics of the profession they have sworn to uphold. In some cases, it is not that the 'patient' has turned up at the doctor's office without some form of legitimate complaint. It is that the ensuing certificate overstates the extent of the illness.
This problem, of course, is not peculiar to Jamaica. But we need to tackle it head on, especially as it relates to the concerns raised by the Chief Justice. Medical doctors should consider whether in failing to conduct their responsibilities with a commitment to upholding the highest ethical conduct, they may not be contributing significantly to the devaluing of our quality of life and, perhaps inadvertently, to the society's levels of criminality.
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