Doctor's Perspective, Medico Leagal Case

Abstract
Apart from his routine and usual “clinical” cases, a doctor will come across certain ‘Medico-legal’ problems at one time or the other during the practice of his profession. The general myth that only the doctors working in the government hospitals would be involved with such cases has now been dispelled by the recent decisions of the Hon’ble courts, particularly the Supreme Court. A good working knowledge of the law in this regard, coupled with a thorough understanding of the correct method of dealing with such cases is the need of the hour. This article discusses some of the common practical issues involved in these cases. Read More


The article presented here is written by Dr. Dasari Harish, Reader and Dr. K. H. Chavali, Sr. Lecturer.

Other important things discussed in the article are:
The cases which should be considered as medico-legal are as follows :

1. All cases of injuries and burns –the circumstances of which suggest commission of an offence by somebody. (irrespective of suspicion of foul play) 
2. All vehicular, factory or other unnatural accident cases specially when there is a likelihood of patient’s death or grievous hurt.
3. Cases of suspected or evident sexual assault.
4. Cases of suspected or evident criminal abortion.
5. Cases of unconsciousness where its cause is not natural or not clear.
6. All cases of suspected or evident poisoning or intoxication.
7. Cases referred from court or otherwise for age estimation.
8. Cases brought dead with improper history creating suspicion of an offence.
9. Cases of suspected self-infliction of injuries or attempted suicide.
10. Any other case not falling under the above categories but has legal implications. 

• Introduction.
• How to receive a MLC ?
• Procedure for registration of Medico Legal Case.
• Type of Cases.
• Time limit for registration.
• Precaution to be taken in MLC.
• Consent.
• Confidentiality.
• Collection and Preservation of Samples.
• Medico-Legal Reporting.
• Custody of Report.
• Admission and Discharge.
• In case of Death in MLC case.
• Situation in other countries.

For visitors who want further details regarding the Medical Legal Cases and its Management refer to our earlier post with the MLC management presentations. and Legal Aspect of Medical Cases.

Legal Aspect of Medical Care :: Hospiad

Apart from his routine and usual “clinical” cases, a doctor will come across certain ‘Medico-legal’ problems 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 in this regard, coupled with a thorough understanding of the correct method of dealing with legal aspects helps one to build confidence over riding the fear of LAW

The Legal aspects of medical practice broadly covers two areas of medical laws:

1. Medical Jurisprudence : It deals with legal aspects of medical practice.
2. 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.
• 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