The document discusses various medico-legal aspects related to anesthesia and critical care practice. It covers topics such as:
- The extent to which doctors are subject to law and their responsibilities.
- Common problems faced in anesthesia practice like litigation for negligence or deficiency of services.
- Principles of medical ethics like non-maleficence, autonomy, and beneficence.
- Types of medical negligence like civil negligence, criminal negligence, and ethical negligence.
- Landmark court judgments related to medical negligence and a doctor's duty of care.
- Guidelines provided by the Supreme Court for adjudicating complaints against doctors.
- Preventive steps doctors can take to avoid litigation
This document discusses professional negligence in the medical field. It begins by defining professional negligence as a lack of reasonable care and skill by a medical practitioner that causes harm to a patient. It then outlines some key points regarding professional negligence:
- Doctors are required to possess reasonable medical knowledge and exercise reasonable care and skill as determined by their peers.
- There are two main types of negligence - civil and criminal. Civil negligence can be compensated financially, while criminal negligence involves willful disregard for a patient's life and safety.
- For a malpractice suit, there must be a duty of care, a failure to fulfill that duty, a direct link between that failure and harm to the patient, and demonstrable
Dr. Ketan Desai presented on why law study is beneficial for medical professionals and the basic laws they should be aware of. Some key points:
- Law study offers benefits like enhanced awareness, better understanding of healthcare policies and laws, and addressing ethical questions.
- Basic laws medical professionals should know include the Indian Medical Council Regulations on conduct, the law of contract regarding the doctor-patient relationship, tort law for potential negligence lawsuits, and criminal laws for liability under acts like causing death by negligence.
- Professionals need to understand legal principles of duty of care, negligence, and liability in professional negligence cases as well as how consumer protection laws apply to the medical field.
This document discusses several key legal aspects of medical practice in India. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, malpractice, and other important medicolegal issues like reporting requirements, medical certificates, and handling medicolegal cases. The document emphasizes that all doctors must understand and follow legal and ethical duties to protect patients and avoid liability.
Professional misconduct good ppt -45.pptxDrSathishMS1
Professional misconduct by medical professionals includes conduct that would be regarded as disgraceful or dishonorable by other medical professionals. Professional negligence occurs when a medical practitioner fails to exercise reasonable care and skill in treating a patient, causing injury or death. To prove civil negligence, it must be shown that the practitioner had a duty of care, breached that duty through lack of proper skill or care, directly causing damage that could reasonably have been foreseen. Criminal negligence involves an extreme departure from the standard of care, and rarely occurs, typically being limited to cases where the patient has died. Various Supreme Court guidelines outline what does and does not constitute negligence, such as differences of opinion between practitioners not being considered negligence.
This document discusses various legal aspects related to medical practice and patient care. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, legal responsibilities of hospitals, and other medico-legal issues like medical reports, certificates, and handling of criminal cases. Physicians have legal and ethical duties to patients that are enforced through medical regulations, civil lawsuits, and in some cases criminal law. Understanding the applicable laws is important for practicing medicine responsibly and maintaining patient trust.
This document discusses various legal aspects related to medical practice and patient care. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, legal responsibilities of hospitals, and other medico-legal issues like medical reports, certificates, and handling of criminal cases. Physicians have legal and ethical duties to patients that are enforced through regulations, laws, and lawsuits. Understanding the applicable laws is important for doctors to practice medicine appropriately and avoid legal issues.
The document discusses several key legal aspects of medical practice including informed consent, medical negligence, and medico-legal cases. It notes that with advances in medicine, a careful construction of professional ethics is needed. The duties of clinical care - to protect life and health, respect autonomy, and ensure fairness and justice - are derived from patients' basic rights. Failure to meet the standard of care can result in medical negligence or criminal charges in some cases. Consent, confidentiality, and documentation of medical reports and certificates are also important legal considerations.
This document discusses professional negligence in the medical field. It begins by defining professional negligence as a lack of reasonable care and skill by a medical practitioner that causes harm to a patient. It then outlines some key points regarding professional negligence:
- Doctors are required to possess reasonable medical knowledge and exercise reasonable care and skill as determined by their peers.
- There are two main types of negligence - civil and criminal. Civil negligence can be compensated financially, while criminal negligence involves willful disregard for a patient's life and safety.
- For a malpractice suit, there must be a duty of care, a failure to fulfill that duty, a direct link between that failure and harm to the patient, and demonstrable
Dr. Ketan Desai presented on why law study is beneficial for medical professionals and the basic laws they should be aware of. Some key points:
- Law study offers benefits like enhanced awareness, better understanding of healthcare policies and laws, and addressing ethical questions.
- Basic laws medical professionals should know include the Indian Medical Council Regulations on conduct, the law of contract regarding the doctor-patient relationship, tort law for potential negligence lawsuits, and criminal laws for liability under acts like causing death by negligence.
- Professionals need to understand legal principles of duty of care, negligence, and liability in professional negligence cases as well as how consumer protection laws apply to the medical field.
This document discusses several key legal aspects of medical practice in India. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, malpractice, and other important medicolegal issues like reporting requirements, medical certificates, and handling medicolegal cases. The document emphasizes that all doctors must understand and follow legal and ethical duties to protect patients and avoid liability.
Professional misconduct good ppt -45.pptxDrSathishMS1
Professional misconduct by medical professionals includes conduct that would be regarded as disgraceful or dishonorable by other medical professionals. Professional negligence occurs when a medical practitioner fails to exercise reasonable care and skill in treating a patient, causing injury or death. To prove civil negligence, it must be shown that the practitioner had a duty of care, breached that duty through lack of proper skill or care, directly causing damage that could reasonably have been foreseen. Criminal negligence involves an extreme departure from the standard of care, and rarely occurs, typically being limited to cases where the patient has died. Various Supreme Court guidelines outline what does and does not constitute negligence, such as differences of opinion between practitioners not being considered negligence.
This document discusses various legal aspects related to medical practice and patient care. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, legal responsibilities of hospitals, and other medico-legal issues like medical reports, certificates, and handling of criminal cases. Physicians have legal and ethical duties to patients that are enforced through medical regulations, civil lawsuits, and in some cases criminal law. Understanding the applicable laws is important for practicing medicine responsibly and maintaining patient trust.
This document discusses various legal aspects related to medical practice and patient care. It covers 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, legal responsibilities of hospitals, and other medico-legal issues like medical reports, certificates, and handling of criminal cases. Physicians have legal and ethical duties to patients that are enforced through regulations, laws, and lawsuits. Understanding the applicable laws is important for doctors to practice medicine appropriately and avoid legal issues.
The document discusses several key legal aspects of medical practice including informed consent, medical negligence, and medico-legal cases. It notes that with advances in medicine, a careful construction of professional ethics is needed. The duties of clinical care - to protect life and health, respect autonomy, and ensure fairness and justice - are derived from patients' basic rights. Failure to meet the standard of care can result in medical negligence or criminal charges in some cases. Consent, confidentiality, and documentation of medical reports and certificates are also important legal considerations.
The document discusses several key legal and ethical aspects of medical practice. It outlines 3 main duties of clinical care - protecting life and health, respecting patient autonomy, and ensuring fairness and justice. It also discusses informed consent, medical negligence, legal concepts like duty of care and tort, and challenges like medical reports, certificates, and terminal illness cases. Ensuring ethical practice is important to maintain trust in the doctor-patient relationship and avoid legal issues.
3.1 Consumer protection act in Medical Profession.pptxbinupal1
This document discusses consumer protection laws in the medical profession in India. It outlines the duties of doctors, including providing standard care, obtaining informed consent from patients, and maintaining confidentiality. It also discusses when a doctor-patient relationship is established and what constitutes negligence. The document advises doctors to prevent malpractice complaints by communicating effectively with patients, maintaining accurate documentation, obtaining professional indemnity insurance, and staying up to date on medical ethics and laws through continuing education.
This document summarizes a landmark Supreme Court of India case that established guidelines for prosecuting doctors for alleged medical negligence. The case involved a complaint filed against doctors and nurses after a patient died in the hospital. The Supreme Court ruled that a credible medical opinion must support allegations of negligence before charges can be brought against a doctor. Investigating officers must obtain an independent medical opinion before pursuing criminal charges. Doctors cannot be routinely arrested simply due to an allegation and arrest should only occur if necessary for the investigation. The judgment aims to protect doctors from frivolous prosecution while not providing total immunity.
The document discusses medical negligence, providing definitions and examples. It defines professional negligence as the absence of reasonable care by a medical practitioner that causes bodily injury or death. It notes negligence is a breach of the duty to provide proper care. The document outlines the four D's of negligence: duty, dereliction, damage, and direct causation. It provides examples of negligence through both acts of omission and commission. It also discusses defenses against negligence claims and the difference between civil and criminal negligence.
The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. The nurse's education, license and nursing standard provide the framework by which nurses are expected to practice.
This document discusses various medico-legal issues related to surgical practice. It emphasizes the importance of obtaining informed consent from patients and avoiding medical negligence. Specific issues covered include obtaining valid consent, peri-operative care, administering anesthesia safely, preventing retained foreign bodies, and understanding concepts like medical error, autonomy and negligence. The document also outlines several important acts and rules in India related to the medical profession and the legal obligations of surgeons.
This document discusses medical negligence and its defense. It defines professional negligence as failure to exercise reasonable care and skill by a medical practitioner that causes harm to a patient. Negligence can be through acts of omission or commission. There are two types of professional negligence - civil and criminal. Civil negligence involves disputes over compensation in court, while criminal negligence involves gross misconduct resulting in injury or death. The document outlines the elements required to prove civil negligence and penalties for criminal negligence. It also discusses defenses against negligence claims like contributory negligence. The Supreme Court of India has issued guidelines for courts to avoid unnecessary harassment of doctors in medical negligence cases.
Medicolegal aspects of anaesthesia and dilemmas to anaesthetistnarasimha reddy
This document discusses various medico-legal aspects and dilemmas faced by anesthetists. It covers understanding medico-legal aspects such as the Bolam test for negligence, categories of fatalities associated with anesthesia, types of human error, and the duty of care owed by anesthetists. It also discusses obtaining informed consent from patients, risk management strategies, and issues around malpractice lawsuits such as discovery processes and deposition of testimony.
The Consumer Protection Act (CPA) was passed in 1986 to better protect consumer interests in India. It established consumer councils and authorities to settle disputes. Under the CPA, a consumer is defined as any person who avails of services for consideration, either paid or promised. Health care services are considered a service under the act. The CPA provides advantages over civil courts like faster resolution times and no court fees. It allows consumers to file complaints over deficient or negligent services. Hospitals and doctors can be held liable depending on if they charge fees. The act has a three-tier structure for resolving complaints at the district, state, and national levels.
This document summarizes an article about medical malpractice in India. It discusses 25 problems patients face in hospitals and aims to find solutions to reduce malpractice. Medical malpractice occurs when a medical professional's treatment departs from the standard of care and harms a patient. Some common types of malpractice discussed include misdiagnosis, failure to diagnose, unnecessary treatment, and prescribing unnecessary tests or drugs. The document outlines the elements required for a medical malpractice claim under Indian law, including that a duty was owed, the duty was breached, the breach caused injury, and damages resulted. It also discusses provisions in the Indian Penal Code and Consumer Protection Act relevant to medical malpractice cases.
INTRODUCTORY LAW AND ETHICS IN RADIATON THERAPY.pptxabduljaji1
Law is difficult to define universally but generally refers to rules that regulate human conduct. Nigerian law has a dual system of English law and customary/Islamic law. Sources of Nigerian law include English law, customary law, Nigerian legislation, and case law. Legislation in Nigeria includes acts, decrees, edicts, by-laws and regulations. The hierarchy of courts in Nigeria includes the Supreme Court, Court of Appeal, and Federal High Court. Fundamental rights of Nigerians are outlined in the constitution and include rights to life, dignity, liberty, fair hearing, religion, and non-discrimination. Ethical theories guiding medical practice include utilitarianism, moral relativism, and Kantian absolutism
Malpractice should not allowed in the field of medicine because your are dealing with humans life.
The malpractice is due to lack of doctors knowledge, uninteresting the sensitive cases, not using a guidelines.
The most type and common error in malpractice is the medication error and could put the patient's life risky.
Medical record is important why because you follow up the patients and will help you to guide and known the status the patient whether he or she improving or not.
There are several types of medical record: by using paper or documented book or by using electronic such as computers and so on.
If you are recording the patient information the patient will trust you and so happy because you still remember him or her information and this is good for you.
The document discusses various legal aspects and responsibilities related to medical care and hospitals in India. It outlines duties of physicians according to medical codes of ethics. Hospitals have legal responsibilities to patients, staff, owners, and the public. The document also summarizes Indian laws governing medical issues including those related to medical negligence, contracts, torts, and community care aspects of doctors' work.
Judicial approach in medical negligence in malaysiaSiti Azhar
It gives a overview on the current judicial approach on medical negligence cases in Malaysia. The opinion formed in this is the personal opinion of the writer.
This document provides an overview of medical negligence and liability of hospitals in India. It begins with introducing the topic and defining medical negligence versus medical malpractice. It then outlines the objectives, research methodology, and timeline of important negligence cases. The body discusses how negligence is analyzed in India, compensation for negligence, and the direct and vicarious liability of hospitals. It notes hospitals can be liable for their own deficiencies or for the negligent actions of doctors through the principle of vicarious liability. The document provides context and details on medical negligence laws and standards in India.
This document defines and provides examples of medical negligence and malpractice. It discusses the four elements required to prove negligence: duty of care, breach of duty, causation, and damages. It notes that the burden is on the patient to prove negligence and the doctor to prove innocence. Common acts of negligence include operating on the wrong patient or body part and leaving surgical instruments inside a patient. Defenses for doctors include calculated risk, contributory negligence, vicarious liability, and error in judgment. Negligence can result in civil penalties like compensation or criminal charges under section 304A of the Indian Penal Code.
This document discusses the various medico-legal duties and responsibilities of doctors. It covers obtaining consent, duties in cases of suspected poisoning, criminal abortion, negligence, and postmortem examinations. It also discusses legal issues around medical practice, including civil tort law and medical council regulations. The document provides guidance on protocols for police cases, rape examinations, and forms for medical examinations of victims and accused persons.
This particular slides consist of- what is Pneumothorax,what are it's causes and it's effect on body, risk factors, symptoms,complications, diagnosis and role of physiotherapy in it.
This slide is very helpful for physiotherapy students and also for other medical and healthcare students.
Here is a summary of Pneumothorax:
Pneumothorax, also known as a collapsed lung, is a condition that occurs when air leaks into the space between the lung and chest wall. This air buildup puts pressure on the lung, preventing it from expanding fully when you breathe. A pneumothorax can cause a complete or partial collapse of the lung.
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This document discusses medical negligence and its defense. It defines professional negligence as failure to exercise reasonable care and skill by a medical practitioner that causes harm to a patient. Negligence can be through acts of omission or commission. There are two types of professional negligence - civil and criminal. Civil negligence involves disputes over compensation in court, while criminal negligence involves gross misconduct resulting in injury or death. The document outlines the elements required to prove civil negligence and penalties for criminal negligence. It also discusses defenses against negligence claims like contributory negligence. The Supreme Court of India has issued guidelines for courts to avoid unnecessary harassment of doctors in medical negligence cases.
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The Consumer Protection Act (CPA) was passed in 1986 to better protect consumer interests in India. It established consumer councils and authorities to settle disputes. Under the CPA, a consumer is defined as any person who avails of services for consideration, either paid or promised. Health care services are considered a service under the act. The CPA provides advantages over civil courts like faster resolution times and no court fees. It allows consumers to file complaints over deficient or negligent services. Hospitals and doctors can be held liable depending on if they charge fees. The act has a three-tier structure for resolving complaints at the district, state, and national levels.
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Malpractice should not allowed in the field of medicine because your are dealing with humans life.
The malpractice is due to lack of doctors knowledge, uninteresting the sensitive cases, not using a guidelines.
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There are several types of medical record: by using paper or documented book or by using electronic such as computers and so on.
If you are recording the patient information the patient will trust you and so happy because you still remember him or her information and this is good for you.
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NURSING MANAGEMENT OF PATIENT WITH EMPHYSEMA .PPTblessyjannu21
Prepared by Prof. BLESSY THOMAS, VICE PRINCIPAL, FNCON, SPN.
Emphysema is a disease condition of respiratory system.
Emphysema is an abnormal permanent enlargement of the air spaces distal to terminal bronchioles, accompanied by destruction of their walls and without obvious fibrosis.
Emphysema of lung is defined as hyper inflation of the lung ais spaces due to obstruction of non respiratory bronchioles as due to loss of elasticity of alveoli.
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2. MLC-RELEVANCE IN ANESTHESIA PRACTICE.
• Everybody is subject to Law.
• Law is both restraining & liberating.
• To what extent Doctor is subject to Law?
• Where does Doctor stand in terms of power, responsibility & accountability?
• Are the restraints fare, clear & reasonable?
• Is the Law sufficiently facilitating & liberating for Doctors?
• Law should create conditions to benefit patients & to the protection of Doctors.
• Law should be comprehensive, balanced, flexible & facilitating.
4. BASIC PRINCIPLES OF MEDICAL ETHICS
• Nonmaleficence: Doctors abide by the doctrine of ‘do no harm’ to their
patients.
• Autonomy: The patient is an independent being who can make fully
informed decisions regarding his/her own health care and coercion is
unethical.
• Justice: Anesthesiologists should be fair when providing their services to
surgical patients.
• Beneficence: While the principle of nonmaleficence is based on ‘do no
harm, beneficence requires physicians to ‘do good’ for the patient in every
5. COMMON PROBLEMS FACED IN ANESTHESIA
PRACTICE
• Litigation U/CPA for deficiency of services
• U/ CPA. Sec. 2 (1) (o)
• I.M.A. Vs V.P.Shantha
• (1995,6, SCC 651,P 672)
• Litigation for civil negligence
• Criminal case for criminal negligence
• For morbidity
• For mortality.
6. Parmanand katara vs union of india
(1989ACJ,1000SC)
directing every doctor whether in govt.
Service or otherwise has the professional
obligation to extend his services with due
expertise for protecting life of a patient,
brought in emergency. No patient should be
denied first-aid treatment in emergency.
7. Negligence is the breach of duty caused by the
omission to do something which a reasonable man,
guided by those considerations which ordinarily
regulate the conduct of human affairs would do, or
doing something which a prudent and reasonable man
would not do.
The definition involves three constituents of negligence:
(1) A legal duty to exercise due care on the part of the
party complained of towards the party complaining the
former's conduct within the scope of the duty; (2)
breach of the said duty; and (3) consequential damage to
complainant
…………. (law of torts by ratan lal & dhiraj lal).
8. WHAT CONSTITUTES MEDICAL NEGLIGENCE?
• Medical Negligence is the omission to do something
which a reasonably competent doctor guided by
prevailing standard of medical knowledge & practice
which regulate the conduct of a doctor, would do or
doing something which such a doctor would not do,
causing harm to the patient.
9. THE COMPLAINANT HAS TO PROVE
1. Duty: that the anaesthesiologist owed him or her a duty.
2. Breach of Duty: That the anaesthesiologist failed to fulfill his
or her duty.
3. Damages: That actual damage resulted because of the acts
of the anaesthesiologist.
4. Causation: That a reasonably close causal relationship exists
between the anaesthesiologist’s acts and the resultant injury.
10. TYPES OF MEDICAL NEGLIGENCE
• Civil Negligence
• Criminal Negligence
• Ethical Negligence
• Medical Mal occurrence
• Therapeutic Misadventure
• Corporate Negligence
• Contributory Negligence
• Composite Negligence
11. EARLIEST RECORDED ACTION AGAINST
SURGEON
• In 1374 a Surgeon, J. Mort, was brought before the King’s Bench concerning his
treatment of an injured hand. He was tried. But the Court ruled that if such a patient
proved negligence, the Court would provide a remedy. The Court also held,” If the
surgeon does so well as he can, & employs all his diligence to the cure then, it is not right
that he should be held culpable.
• In 1838 C.J Tyndall said” Every person who enters a noble profession undertakes to bring
to the exercise of it a reasonable degree of skill and care.
12. Civil negligence is a form of negligence in which a
patient brings an action for damages in a civil court
against his doctor for an injury suffered. The burden of
proving negligence rests on the patient. Damage suffered
is a measure of the liability.
• A doctor is in breach of his duty when he fails to come up to the
standard of skill & care expected of him. In the case of Bolam Vs
Friern Hospital, J.Mcnair held that it is sufficient if the medical
practitioner exercises the ordinary standard skill, practiced in the
medical field. He would not be held guilty if he had fallen short of
the standard reasonable care.( J. Streatfield)
13. DR.L.B.JOSHI VS DR.T.GODBLOE
(AIR 1969 SC 128)
A medical person owes certain duties to patients
1) A duty of care in deciding whether to undertake a case
2) A duty of care in deciding what treatment to give
3) A duty of care in administering that treatment.
• “Reduction of fracture Femur without giving anaesthesia, possibility
of fat embolism was not considered, resulting in death of the patient”. A
letter of apology was produced on record.
14. “ACTIONABLE NEGLIGENCE”.
• Jacob Mathew Vs State Of Punjab
(SCCL COM 456,Cr.Appeal No 144-145)
• Decided by the Supreme Court on 5/8/2005.
• This historic landmark Judgment of Justice Lahoti, CJI, has clearly defined the role of
medical professionals & dealt at length on the arrest of doctors.
15. DISTINCTION BETWEEN NEGLIGENCE IN
CIVIL LAW & NEGLIGENCE IN CRIMINAL
LAW U/IPC SEC 304-A
• Judgement of Sir Lawrence Jenkins in case of
Emperor Vs Omkar Ramprtap ( 4Bom,LR 679).
• To impose criminal liability U/IPC Sec.304-A, it is necessary that death should
have been the direct result of a rash & negligent act of the accused and that must
be proximate & efficient cause of death. It must be
• “ Causa causans & not Causa sine qua non”.
• Case law: Dr.Suresh Gupta Vs Govt.of NCT Delhi & Anr (2004,6 SCC 422)
• Martin F D’souza Vs Mohd. Isfaq (SC 635of2002)
16. DEATH ON OPERATION TABLE
• Unexpected turn of events in OT resulting in sudden death of the patient,
especially in a minor case or a diagnostic procedure case results in a bad scene.
• News is shocking to the waiting relatives
• Results in violence against hospital staff members & damage to the hospital
property.
• U/CrPc Sec.154 FIR lodged by relatives with Police causes apprehension of
imminent arrest resulting in damage to the Surgeon’s reputation & causes mental,
physical & economical strain .
17. VICARIOUS LIABILITY
• Principle of respondent superior is that a man is responsible for any wrongful
act done by his subordinate if the act is within the scope of
employment.”Master servant relationship”. Case Law:
• Harjot Ahluwalia Vs Spring Meadows Hospital (1998,(3) CPR (1) SC)
• An untrained nurse administered Inj. Chloroquine I.V. instead of Inj
Chloromycetine to a child of 4 yrs. with fever, dehydration & toxaemia –
developed cardiac arrest- revived-but has permanent vegetative life- Was
awarded compensation.
18. BROUGHT DEAD TO HOSPITAL
• Serious patient brought by relatives/ friends to Casualty of hospital
• On examination found dead
• So, declared dead by the doctor
• Results in verbal & physical abuse against the Doctor & the staff
members; causing tense situation in the hospital campus &
disturbance to inpatients of the hospital & surrounding area.
19. DOCTRINE OF INFORMED CONSENT
• Aims at giving sufficient information to a patient to enable him to make a knowledgeable
& informed decision about the use of a drug, device or procedure & outcome of
treatment. The duty to warn a patient of any likely harm has also been included in
Doctrine of Informed Consent. The doctor has a moral, ethical & legal duty to provide all
information enabling the patient either to accept or reject treatment. Treatment without
informed consent may invite action for negligence.
• IPC Sec.88, provides exception for an act done in good faith to save life of a patient with
consent.
• IPC Sec.92, provides exception for an act done in good faith to save life of a patient, even
without consent.
20. MEDICAL RECORDS
• OPD papers- At least 2 years- Hospital should have a record of OPD
paper
• IPD Papers- At least 3 years
• It is mandatory to provide for copy of Medical records to patient on
request, but no need to provide to anyone else (Including Police) if
not ordered by court of law or Medical board.
• All records need to be Digitized as per the Electronic Medical
Records Standards In India Released in 2013
21. SC’S 11 POINTS GUIDELINES TO COURTS TO
ADJUDICATE COMPLAINTS AGAINST
DOCTORS.
1) Negligence is a breach of duty
2) Error of judgment is not negligence
3) Application of reasonable degree of skill & knowledge is expected from
doctors
4) Conduct below standard by a doctor would be liable for actionable
negligence
5) Difference of opinion would not be negligence….. contd
22. SC’S 11 POINTS GUIDELINES TO COURTS TO
ADJUDICATE COMPLAINTS AGAINST DOCTORS
6) Higher element of risk taken by a professional in grave situation without
getting the desired result may not amount to negligence.
7) If a doctor has followed one of the standards of practice, he would not be
liable for negligence-Bolam case .
8) A doctor should practice without fear..
contd…
23. SC’S 11 POINTS GUIDELINES TO COURTS TO
ADJUDICATE COMPLAINTS AGAINST DOCTORS
9) Law would not permit unnecessary harassment of doctors
10) Criminal proceedings against doctors to extract uncalled compensation
must be prevented at any cost.
11) Doctors would get protection as long as they perform their duties
judiciously.
• “Uneasy lies in the head that wears invisible crown”.
24. “A HEALING TOUCH TO THE HEALERS”
• The Supreme Court Of India has applied
healing touch so that doctors can work without fear as
long as they work judiciously.
25. MEDICAL SCIENCE HAS CONFERRED GREAT
BENEFITS ON MANKIND BUT THESE BENEFITS
ARE ATTENDED BY UNAVOIDABLE RISKS.
• Every surgical procedure is attended by risks.
• We cannot take benefits without taking risks.“Discipline of
Law” by Lord Justice Denning
• ( Wooley V Ministry of Health & Anaesthetist
26. REMEDIES AVAILABLE TO DOCTORS
• Apprehension of arrest U/Sec.304-A or apprehension of being
victimized on trivial grounds apply for anticipatory bail
• After arrest –apply for a bail U/Sec.436CrPc
• During trial- apply for quashing the F.I R U/CrPc
Sec.482
• (State Of Haryana V Bhajan Lal,(ARI 1992 SC 604)
28. PREVENTIVE STEPS TO AVOID LITIGATION
I) Primary prevention
1. Human element – tactless handling casual remarks etc.
2. Attitude and the behavior of the entire system from receptionists to
cashier
3. Seeking second opinion
4. Progressive breakdown of doctor patient communication.
5. Be compassionate
6. Continuing medical education.
29. PREVENTIVE STEPS TO AVOID LITIGATION
II) Secondary prevention
1. Use or reasonable skill and care keeping in mind
1. Medical aspect
2. Social aspect
3. Legal aspect
2. Proper documentation from time to time and record
keeping including legally valid informed consent.
30. PREVENTIVE STEPS TO AVOID LITIGATION
III) Tertiary prevention:
Professional indemnity insurance cover.
31. NINE RS OF PREVENTIVE STEPS
1. Rapport with patients & relatives.
2. Rationale: discussion on differential diagnosis and prognosis indicating thought
process
3. Records: Maintain from time to time. Essential for defense.
4. Remarks: Avoid casual remarks, harsh words, avoid criticism of other doctors.
5. Rx: Indications and contra indications of the drug be kept in mind while prescribing.
• contd…….
32. NINE RS OF PREVENTIVE STEPS
6. Res ipsa loquitor - the principle that the mere occurrence of some types of accident is
sufficient to imply
7. Respect: lack of respect of the outcome of the treatment or for the welfare of the
patient indicate indifference
8. Result: of the treatment: most important from the patients point of view.
9. Risk: should be explained to the patient while taking the informed consent.
33. •A doctor tries his best in emergency to
save patient’s life. He does not gain
anything by acting with negligence. A
surgeon with shaky hands under fear of
legal action cannot perform a successful
operation. Such timidity forced upon a
Doctor would be a disservice to the
society.
34. TO CONCLUDE IN THE WORDS
OF
EX -CHIEF JUSTICE OF INDIA,
JUSTICE VARMA
“BE YOU EVER SO HIGH…
…THE LAW IS ABOVE YOU”
Notas del editor
That, all allegations relating to negligent conduct on the part of a Government Doctor for which a prosecution u/s. 304-A IPC and/or its cognate provisions, or under such other law involving penal consequences is sought, the same shall be enquired into by a Medical Board consisting of at least three doctors, constituted by the Dean of any Government Medical College in the State of Madhya Pradesh, upon the request of the Police, Administration or the directions of a Court/Tribunal/Commission, within seven days of such requisition. II. The doctor so selected by the Dean of the Medical College concerned to sit on the Medical Board, shall not be inferior in seniority and experience to that of an Associate Professor. III. The doctor against whom such negligence is alleged, shall be given an opportunity by the Medical Board to give his reply/explanation in writing and if the doctor so desires to be heard personally, he shall be given such an opportunity by the Medical Board. However, if the Medical Board is of the opinion that the request for personal hearing is with the intent of procrastinating the proceedings before the Board, it may, for reasons to be recorded, waive the opportunity of a personal hearing and proceed to decide the case on the basis of the documents/treatment record and give its finding. IV. The Medical Board shall endeavour to complete the exercise within sixty days from the date on which it is constituted and upon completion of the enquiry, submit the report to the Police, Administration or the Court/Tribunal/Commission, as the case may be. V. The police shall not register an FIR against such a doctor in the absence of the report of the Medical Board referred hereinabove and also, only when the report by the Medical Board has held the doctor prima facie guilty of âGross Negligenceâ and not otherwise. VI. If a complaint case has been preferred U/s. 200 Cr.P.C, there shall be no order u/s. 156(3) Cr.P.C unless the complaint is accompanied by the report of the Medical Board adverted to in guideline I with prima facie finding of âGross Negligenceâ on the part of the Doctor. However, if the complaint is not accompanied with a report of the Medical Board, the Court may ask the Police to enquire into the case u/s. 202 Cr.P.C. The police, if so directed by the Court, shall approach the Dean of the Medical College for the constitution of the Medical Board and thereafter place the report of the Medical Board before the Court concerned. VII. If the opinion of the Medical Board is one of âGross Negligenceâ on the part of the doctor, the Court concerned shall direct the police to seek sanction u/s. 197 Cr.P.C from the State Government. The State Government shall, within thirty days from the date of such request for sanction, either grant or refuse the same, which the police shall convey to the Court concerned. Thereafter, the Court concerned shall either dismiss the complaint case against the doctor by exercising jurisdiction u/s. 203 Cr.P.C or issue process u/s. 204 Cr.P.C and try the case in accordance with the law.