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MEDICO
LEGAL

 

 




 







What
is Law
     Right of
Doctors
    
Responsibilities     Negligence    
Consents     Records    
Cases

   

Legislations    Medical
Ethics
    FAQ’s

 

 

-:
Responsibilities
of Doctor :-

   

 




Duties
of RMP


(Registered Medical Practioner)




1)
 
Duty of patient.




 


2)  
Duty to public at large & to
abide by public policy.




 


3)  
Duty towards law enforcers.




 


4)  
Duty not to violate professional
ethics.




 


5)  
Duty not to do anything illegal or
hide illegal acts.

1)
 
Duty of patient :


A]
Standard care :


  • Principle of standard care/ reasonable
    cares taken by average person doing similar reasonable job in similar
    reasonable situation of similar specialty.

      

    (1) Due care & diligence of prudent RMP.

    (2) Standard suitable, equipment in good
    repair.

    (3) Standard assistants for example compounders, assistants, nurses and ayah
    etc.
    Principle of vicarious responsibility,
    master responsible for servant’s acts,
    assistant is an
    agent of
    Master. Nonetheless agent
    can not do more then what master has
    delegated to him. Wherever
    State has prescribed qualifications for
    agents they must be complied with. Master
    is not responsible
    for criminal acts of
    their servants.

    But responsible
    for civil acts.

    (4) Standard drugs-Non standard drug is a
    poison by definition.

    (5) Standard procedure &
    indication for treatment and surgery.

    (6) Standard premises, where required
    registered e.g. Nursing 
    home, hospital must comply  with
    all laws applicable as imposed by state under
    Nursing home act, shop and establishment
    act.

    (7) Standard Proper reference to
    appropriate specialist for example
    radiologist, pathologist, pediatrician, Gynecologist, Orthopedic surgeon, etc.

    (8) Standard proper record keeping for
    treatment given, surgery done, X-ray and
    pathological reports to
    be  kept.

    (9) Standard of not to experiment with patient.

    (10) Anticipation of standard risks and
    complications and preventive actions taken 
    time to time.

B]
Right of information by patient :


  • Regarding natural documented
    complication of drug surgery, procedure,
    disease, investigation etc.

  • Regarding necessity of
    treatment Otherwise what will happen ?

  • Alternative modalities of treatment
    Ayurved, unani, siddha, Homeopathy,
    Naturopathy.

  • Risks of not pursuing the treatment.



  • Prognosis /Has
    patient reached to point of no return?


     Explain it
    carefully taking in to account the
    emotional and psychological aspect of
    relatives e.g Cancer patients, terminally
    ill.

C]
Regarding authorization of treatment:

  • Principle of prior
    informed consent by  patient himself or legally
    authorized person.

    (a)
    Specific consent

               
    i.     
    Patient specific.

               
    ii.    
    Procedure specific.

    (b) Information to patient:   regarding
    indication, procedure, complications and
    prognosis.

    (c) Preferably written
    consent is ideal.

    (d) Signed by authorized person: natural
    parents, guardian or person above 18 years
    of age authorized patient.

    CAUTION: AUNT OR UNCLE CAN NOT GIVE
    CONSENT FOR NEPHEW AND NIECE. INSANE, MINORS, DRUNKEN PERSONS CONSENT NOT VALID,
    NEIGHBOR’S CONSENT NOT VALID.

    (e)
    Proper witness to attest signature of
    authorized consent which is signed by one
    or two people.

D] 
Right to know about expenses and
its break up and duration of treatment
required
.

E] 
Guarantee of standard care service
and not for the cure of disease or
infirmity is held out of
patients

2) 
Duty of public:


   


       (1) Medical help when natural calamities
like drought, flood earth quake occur

  



      
(2) Medical help during
train accidents

 


       (3) Compulsory notification of births,
deaths, infectious diseases, food
poisoning etc.

 


       (4) Help victims of house collapse, road
accidents, fire etc.

 


       (5) Duty to attend emergency and give
first aid at
least

3)
 
Duty towards law enforcers: Police,
magistrate etc.


   


       
(1) Inform police all cases of injury,
illegal abortions, suicide, homicide,
manslaughter, hurt, grievous

            
hurt &
its natural complications like tetanus,
gas gangrene, etc. Includes vehicular
accidents,

            
fractures of bone and tooth.

 


       
(2) Inform police all cases of poisoning

 


       
(3) Inform police all cases of burns
particularly importance given to female
patients

 


       
(4) Call a magistrate for recording dying
declaration.

  

       
(5) Inform bride burning and battered
child cases.

4)
 
Duty not to violate professional
Ethics important few




       
(1) Not to associate with unregistered
medical practitioner or employ medical
practitioner of other

            
faculty to allow him
to practice what he is not qualified for.

 


       
(2) Not to advertise

 


       
(3) Not to issue false certificates
& bills.

 


       
(4) Not to run a medical stores.

 


       
(5) Not to write secret formulations.

 


       
(6) Not to refuse professional service on
religious grounds.

 


       
(7) Not to attend patient under the effect
or alcoholic drinks.

 


       
(8) No fee sharing (Dichotomy)

         

       
(9) Not to talk Loose about colleagues.

 


       
(10) Keep information give by patient as
secret, not be divulged to employer,
insurance company,

              
parent of a major
son/daughter with out consent of patient,
even in court where one does so

              
under protest and in the interest of
Justice.

5)
 
Duty to avoid anything illegal or
hide illegal acts:




       
(1) Performing illegal abortion.

       

       
(2) Issuing death certificates where cause
of death is not known.

 


       
(3) Not to inform police a case of
accident, burns, poisoning suicide, hurt,
grievous hurt, tetanus, gas

            
gangrene.

 


       
(4) Not to call magistrate for dying
declaration.

 



       
(5) To do sex
determination in state of Maharashtra and
other states.

 


       
(6) Unauthorized, unnecessary, uninformed
treatment and surgery or procedure.

     

 



 

    Home    About Us   Contact Us

 

 

  ” ); //–>

 

 
MEDICO LEGAL
 

 

 

What is Law     Right of Doctors     Responsibilities     Negligence     Consents     Records     Cases
   
Legislations    Medical Ethics    FAQ’s

 
 

-: Responsibilities of Doctor :-

   
 

Duties of RMP

(Registered Medical Practioner)

1)   Duty of patient.


 
2)   Duty to public at large & to abide by public policy.


 
3)   Duty towards law enforcers.


 
4)   Duty not to violate professional ethics.


 
5)   Duty not to do anything illegal or hide illegal acts.

1)   Duty of patient :

A] Standard care :

  • Principle of standard care/ reasonable cares taken by average person doing similar reasonable job in similar reasonable situation of similar specialty.
      
    (1) Due care & diligence of prudent RMP.
    (2) Standard suitable, equipment in good repair.
    (3) Standard assistants for example compounders, assistants, nurses and ayah etc. Principle of vicarious responsibility, master responsible for servant’s acts, assistant is an agent of Master. Nonetheless agent can not do more then what master has delegated to him. Wherever State has prescribed qualifications for agents they must be complied with. Master is not responsible for criminal acts of their servants.
    But responsible for civil acts.
    (4) Standard drugs-Non standard drug is a poison by definition.
    (5) Standard procedure & indication for treatment and surgery.
    (6) Standard premises, where required registered e.g. Nursing  home, hospital must comply  with all laws applicable as imposed by state under Nursing home act, shop and establishment act.
    (7) Standard Proper reference to appropriate specialist for example radiologist, pathologist, pediatrician, Gynecologist, Orthopedic surgeon, etc.
    (8) Standard proper record keeping for treatment given, surgery done, X-ray and pathological reports to be  kept.
    (9) Standard of not to experiment with patient.
    (10) Anticipation of standard risks and complications and preventive actions taken  time to time.

B] Right of information by patient :

  • Regarding natural documented complication of drug surgery, procedure, disease, investigation etc.

  • Regarding necessity of treatment Otherwise what will happen ?

  • Alternative modalities of treatment Ayurved, unani, siddha, Homeopathy, Naturopathy.

  • Risks of not pursuing the treatment.

  • Prognosis /Has patient reached to point of no return?  Explain it carefully taking in to account the emotional and psychological aspect of relatives e.g Cancer patients, terminally ill.

C] Regarding authorization of treatment:

  • Principle of prior informed consent by  patient himself or legally authorized person.
    (a) Specific consent
                i.      Patient specific.
                ii.     Procedure specific.
    (b) Information to patient:   regarding indication, procedure, complications and prognosis.
    (c) Preferably written consent is ideal.
    (d) Signed by authorized person: natural parents, guardian or person above 18 years of age authorized patient.
    CAUTION: AUNT OR UNCLE CAN NOT GIVE CONSENT FOR NEPHEW AND NIECE. INSANE, MINORS, DRUNKEN PERSONS CONSENT NOT VALID, NEIGHBOR’S CONSENT NOT VALID.
    (e) Proper witness to attest signature of authorized consent which is signed by one or two people.

D]  Right to know about expenses and its break up and duration of treatment required.

E]  Guarantee of standard care service and not for the cure of disease or infirmity is held out of patients

2)  Duty of public:
   
       (1) Medical help when natural calamities like drought, flood earth quake occur
  

       (2) Medical help during train accidents
 
       (3) Compulsory notification of births, deaths, infectious diseases, food poisoning etc.
 
       (4) Help victims of house collapse, road accidents, fire etc.
 
       (5) Duty to attend emergency and give first aid at least

3)   Duty towards law enforcers: Police, magistrate etc.
   
        (1) Inform police all cases of injury, illegal abortions, suicide, homicide, manslaughter, hurt, grievous
             hurt & its natural complications like tetanus, gas gangrene, etc. Includes vehicular accidents,
             fractures of bone and tooth.
 
        (2) Inform police all cases of poisoning
 
        (3) Inform police all cases of burns particularly importance given to female patients
 
        (4) Call a magistrate for recording dying declaration.
  
        (5) Inform bride burning and battered child cases.

4)   Duty not to violate professional Ethics important few

        (1) Not to associate with unregistered medical practitioner or employ medical practitioner of other
             faculty to allow him to practice what he is not qualified for.
 
        (2) Not to advertise
 
       
(3) Not to issue false certificates & bills.
 
        (4) Not to run a medical stores.
 
        (5) Not to write secret formulations.
 
        (6) Not to refuse professional service on religious grounds.
 
        (7) Not to attend patient under the effect or alcoholic drinks.
 
        (8) No fee sharing (Dichotomy)
         
        (9) Not to talk Loose about colleagues.
 
        (10) Keep information give by patient as secret, not be divulged to employer, insurance company,
               parent of a major son/daughter with out consent of patient, even in court where one does so
               under protest and in the interest of Justice.

5)   Duty to avoid anything illegal or hide illegal acts:

        (1) Performing illegal abortion.
       
        (2) Issuing death certificates where cause of death is not known.
 
        (3) Not to inform police a case of accident, burns, poisoning suicide, hurt, grievous hurt, tetanus, gas
             gangrene.
 
        (4) Not to call magistrate for dying declaration.
 

        (5) To do sex determination in state of Maharashtra and other states.
 
        (6) Unauthorized, unnecessary, uninformed treatment and surgery or procedure.