Apart from his routine and usual “clinical” duty, a doctor come across certain ‘Medico-legal’ issues at one time or the other during the practice of his profession. Every doctor under law bound by a contract to serve its patient and cannot refuse treatment. Every doctor has to fulfill certain legal requirements in service by compulsion or voluntarily as defined under law.
A good working knowledge of the law relating to medical care, coupled with a thorough understanding of the correct method of dealing with legal issues helps one to build confidence over riding the fear of LAW. The Legal aspects of medical practice broadly covers two areas of medical laws:
- Medical Jurisprudence : It deals with legal aspects of medical practice.
- Forensic Medicine : It deals with medical aspects of law.
SOURCES OF LAWS:
PRIMARY SOURCES:
- Laws passed by the Parliament or the State Legislative
- Ordinances passed by the President and the Governor
- Subordinate legislation: Rules and regulations made by the executive through the power delegated to them by the Acts.
2. SECONDARY SOURCES:
- Judgments of the Supreme Court, High Court and Tribunals (The ratio decedendi is a binding precedent)
- Judicial legislation
- Judgment of Foreign Courts
- International Treaty
The objective of this presentation is to make you aware of issues which are generally confronted during medical practice. Hope this learning will help you in day to day practice as a hospital administrator .
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