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Medico Legal Case Law in India

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In Parmananda Katara v. Union of India, the Apex court said: A doctor may come across several cases that could indicate the commission of a specific crime. The attending physician must mark such a case as a medico-legal case and inform the authorities. In some scenarios, these cases are referred to doctors by the court or by the police themselves. The physician must ensure that the medical examination is carried out correctly and that all forensic evidence is properly preserved. Most importantly, if the patient needs urgent treatment, the physician must first perform the pre-treatment before completing the formalities of a medico-legal file. Fortunately, doctors don`t have to worry because most hospitals now have a forensic manual that provides doctors with detailed instructions on how to handle medical cases. Fights or physical attacks and assault and battery constituted most MLCs. Several errors were found in the MLRs provided by the doctors.

The drafting of MMRs should follow standardized guidelines regarding legal procedures and patients` rights. We recommend that physicians train physicians in the drafting of MMRs in the interest of the proper administration of justice. Medico-legal affairs: what every doctor should know Department of Forensics Thunajam Meera, Regional Institute of Medical Sciences, Imphal, Manipur, India Here are some of the legal terms of the Indian Penal Code that every doctor should know when dealing with a forensic matter: Yes, if a doctor does not intentionally report a forensic case to the police, It is liable to 6 months` imprisonment or a fine, or both, under Section 202 of the Indian Penal Code. In summary, physicians should be aware of the medico-legal guidelines recommended by their respective hospitals. Attending physicians should remain cautious and attentive when examining and treating the patient. You should also exercise caution when filling out medical records. They must ensure that the body is autopsied in case of death under suspicious circumstances and that the police are informed before the body is handed over to relatives. All hospitals must ensure that their physicians receive appropriate training to handle medico-legal cases. The legal system of the modern world is undoubtedly tightly integrated into every sector or industry of society, and the health sector is no different.

Because of this integration, doctors often handle medical cases that have serious legal implications. These cases are called medico-legal cases (MLCs). Every doctor is confronted with a medico-legal case at some point in his or her life. Most of them are afraid of having to deal with forensic cases, because they imagine themselves to be summoned by the courts and the police. Fear of getting involved in lawsuits leads them to avoid or mislabel medico-legal cases. This article attempts to dispel some misconceptions about medico-legal cases and educate physicians on how to treat them. It should be noted that the above list is not exhaustive. Any case that does not fall into any category on the list, but still has legal implications, is a medico-legal matter.

The physician must recognize with professional judgment whether a case has legal or non-legal implications. A medico-legal case is essentially a medical case with legal implications. A medical case becomes a medico-legal case when the attending physician clinically examines the patient and his medical history and the opinion is formed that an investigation by law enforcement authorities is necessary. Medical examination of patients brought by the police or court also falls into this category. Examples of cases that fall into the category of medico-legal cases include: No, a physician cannot refuse treatment to a patient just because it is a medico-legal case. This is a violation of Article 21 of the Indian Constitution as well as a violation of their treaty obligations. India is a signatory to the United Nations-backed Consumer Protection Resolution and enacted the Consumer Protection Act in 1986 to promote and protect consumer rights. A landmark 1996 decision by India`s Supreme Court paved the way for a series of lawsuits involving the public sector, including a major tertiary care medical facility. The case described in this study was filed with the National Commission for the Resolution of Consumer Disputes in June 2000.

The applicant was a fifty-year-old woman who had noticed a lump in her right breast; who has been diagnosed as malignant by fine needle aspiration cytology (FNAC); and was treated surgically and adjuvantallyradiotherapy (brachytherapy). It was later reported that the tissue sent for histopathological examination was a “benign phyllode tumor”; this has been confirmed by other centres in India and the United Kingdom. The claim sought total damages of 19 rupees (approximately £27,300) plus interest from the date of the transaction. A review of the relevant literature suggests that phyllodes breast tumours have different subtypes; And even borderline cases can develop malignancy at a later stage. It is also clear that previous false positives have been reported in cases diagnosed by FNAC. Finally, the possibilities of minimizing disputes through internal mechanisms and a new concept of mediation were discussed. A total of 418 RMLs were included in this study. Fights or physical attacks and assault accounted for the largest proportion of MLCs, accounting for 83% of MLCs. Blunt injuries were the dominant type of injury in most cases (81.8%).

With respect to errors in RPMs, no RPMs were error-free in this study. Section 177 of the Indian Penal Code states that any person required by law to disclose information about the commission of an offence to a public official and provides false information shall be liable to imprisonment for 2 years or a fine or both. Therefore, a doctor who participates in a forensic case can be punished for false information. This article was written by Adhila Muhammed Arif, a student at the Government Law School in Thiruvananthapuram. This article attempts to explain what a medico-legal case is, some important laws related to it, and what physicians should keep in mind when dealing with medico-legal cases. 1College of Medicine, King Fahad University Hospital, Imam Abdulrahman Bin Faisal University, Dammam, Saudi Arabia Save my name, email address, and website in this browser for the next time I comment. This descriptive retrospective study was conducted at a teaching hospital in Saudi Arabia`s Eastern Province. A total of 418 MLRs submitted over a period of 6 months and verified for MLC characteristics and defect identification. Source of Support: None, Conflict of Interest: None The new PMC design is here! Learn more about navigating our updated article layout. The legacy PMC view will also be available for a limited time. Your email address will not be published.

Required fields are marked with * Correspondence address:Thounaojam MeeraDepartment of Forensic Medicine, Regional Institute of Medical Sciences, Imphal, Manipur IndiaSource of Support: None, Conflict of Interest: NoneCheckDOI: 10.4103/0972-4958.191174. “Every doctor is obliged to provide medical assistance to victims, regardless of the cause of the injury; He finds no excuse to let the law take its course. ».

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