Legal issues in medical practice have been gripping medical doctors by surprise in recent years. Some decades ago legal issues in medical practice never created any problem. A greater awareness is being created by adding doctor’s services within the ambit of Consumer Protection Act, 1986. Neither during the undergraduate training nor the postgraduate courses doctors have ever prepared themselves to deal with real-world situations of litigation related to allegations of negligence. While facing litigation related to allegation of negligence in law courts for the first time, a doctor realizes the importance of medical records, consent and expert witness and searches for help books. There are many books available for reference but this one is a handbook for practising doctors and their lawyers grappled with legal issues culminating in litigations covering a vast number of medical specialties and systems.This book proposes to fill the existing vacuum by creating authentic base required to understand the legal issues in medical practice in India. The esteemed contributors have put in their best efforts to share their knowledge, experience and wisdom with the readers by discussing various landmark legal decisions in the field of (alleged) medical negligence. It aims to make the medical practice safe, ethical, reassuring and hassle-free by discussing various legal issues related to medical practice.
The book is written in usual lucid style covering each topic and made reader friendly by adding “summary” “do’s and don’ts”. MCQs are value addition which will improve recall of important legal issues related to medical practice. It is targeted at doctors of all the systems of medicine—be it allopathic, ayurvedic or homeopathic. It covers all the legal issues not covered by teaching of forensic medicine during the undergraduate or postgraduate courses and yet are required in the day-to-day medical practice. The book will help all the doctors in preventive aspects of medical practice, as well as those facing litigation. It will also be an asset for practising lawyers dealing with cases of medical negligence litigation.
This book is targeted at practising doctors for tension-free and litigation-free medical practice. It also provides much-needed relevant medical knowledge to lawyers and those involved in administration of justice.
Mahesh Baldwa MBBS, MD, DCH, FIAP, LLB, LLM, PhD (Law), MBA has authored many books and is currently medicolegal advisor to several corporate insurance and medical organizations. He is a senior consultant pediatrician, Baldwa Hospital, Mumbai. Earlier, he was Assistant Professor, Department of Paediatrics, TN Medical College and Nair Hospital, Mumbai; Assistant Professor at JJ Hospital, Grant Medical College, Mumbai; and Visiting Professor, Papersetter and Examiner, Department of Law, University of Mumbai.
Varsha Baldwa MBBS, MD is working at PD Hinduja Hospital, Mumbai. Earlier, she has worked at Government Medical College, Surat, and Government Medical College, Kota. She is a graduate from Seth GS Medical College and KEM Hospital, Mumbai. She has contributed to national and international scientific journals. She bagged “STS” award of ICMR.
Namita Padvi MBBS, MD, DNB, Fellowship in Pediatric Anesthesiology is currently working at Emirates Hospital Dubai. She is ex-Assistant Professor, Department of Anesthesia, Topiwala National Medical College and BYL Nair Charitable Hospital, Mumbai. She has contributed to several national and international scientific journals. She is an excellent teacher and a good speaker.
Sushila Baldwa MBBS, MD, DGO is consulting obstetrician and gynecologist at Om Hospital, Apollo Clinic and Nakoda Foundation, Mumbai. She has served as faculty at BJ Medical College, Pune, and Sassoon General Hospital. She has contributed to national and international scientific journals.
Table of Contents:-
1 Introduction to Medicolegal Issues
2 Basic of Ethics, History and Ethical Principles of Importance
3 Understanding “MCI Code of Ethics 2002”
4 Doctor–patient Relationship
5 Hospital–Patient Relationship Emerging from Mediclaim Insurance TPA Managed HealthCare through Corporate Hospitals
6. Doctors’ Please Trust your Patients
7. Rights and Duties of Patients and Doctor
8. Help of Communication Skills in Preventive Medicolegal Problems in Medical Practice
9. Laws Applicable to Practicing Doctors, Clinics, Nursing Homes, Dispensaries, Consulting Rooms, Hospitals are Boon or Bane?
10. Medical Documentation and Record Maintenance, Preservation, Destruction Related Legal Issues
11. Medicolegal Issues Related to Audio Taping, Video Recording and Photography on Pen Camera, Smart Phones and Personal Camera
12. Consent, Assent, Approval, Permission and Dissent in Medical Practice
13. Forewarning and Counseling for Disclosure of Risks Prior to Informed Consen
14. Case Laws on Consent, Informed Consent, Dissent
15. Consent Forms, Counseling, Content, Model Forms of Different Types Preparing for the Informed Consent Process
16. Doctor–Patient Confidentiality and its Disclosure
17. Below which Standard of Medical Care it will be Negligence
18. Medical Negligence Under Tort, Consumer Protection Act and Civil Liability
19. Consumer Protection Act and Doctors
20. Errors in Medical Practice
21. Criminal Liability of Doctors
22. Medicolegal Aspects of Sudden Unexpected Death, Difficult Situations in Medical Practice, Brought Dead, Postmortem
23. How to Proceed Medicolegally in a Scenario of Suspected Last Stage Disease like End-of-Life-Care [EOL] and not to Confuse with Euthanasia?
24. Violence against Doctors: A Frightening New Epidemic
25. How to Defend Medical Negligence Case?
26. Vicarious Liability of Medical Negligence
27. Medicolegal Issues Related to Contributory Negligence
28. Medicolegal Issues Related to Multiple Remedies
29. Role of Expert Witness in Medical Negligence Cases
30. Res Ipsa Loquitur
31. Subjudice Matters, Judicial Impropriety, willful Judicial Impropriety, Legal Hierarchy
32. Res Judicata and Estoppel, Law of Limitation and Latches
33. Landmark Judgments on Medicolegal Issues
34. Calculation of Compensation
35. Medicolegal Implications of Delayed Diagnosis, Misdiagnosis, difference in Diagnosis and Wrong Diagnosis
36. Medicolegal Issues Related to Physicians
37. Medicolegal and Ethics Issues in ICU
38. Medicolegal Issues in Pediatric Practice
39. Medicolegal Issue of ‘When not to Resuscitate or to Stop Resuscitating A Newborn/Child’
40. Medicolegal Issues in Obstetrics and Gynecology Abortion and MTP Cases
41. Medicolegal Issues in Sterilization, Tubectomy and Vasectomy
42. Medicolegal Issues in PCPNDT Act Cases
43. Medicolegal Aspects for General Surgery
44. Medicolegal Issues in Orthopedic Cases
45. Medicolegal Issues during Emergency and Accidents
46. Medicolegal Aspects of Ophthalmology
47. Medicolegal Aspects of Anesthesia
48. Medicolegal Issues in ENT
49. Medicolegal Issues Related to Dental Surgeon
50. Medicolegal Issues in Cardiology and Cardiothoracic Surgery Cases
51. Medicolegal Aspects of Radiology and Sonology
52. Medicolegal Aspects of Pathology and Medical Laboratory Practice
53 Medicolegal Issues Related to Blood Group, Blood Bank, Blood Transfusion and Transfusion Related Transmission of Infections
54. Clinical Use of Forensic Medicine
55. Medicolegal and Legal Issues in Psychiatry
56. Medicolegal and Legal Issues Related to Plastic Surgery, Reconstructive Surgery and Dermatology
57. Medicolegal and Legal Issues Related to Neuro Medical and Neurosurgery Cases
58. Cross Pathy and Cross Speciality Practice in Medicine: Is it Quackery?
59. Medicolegal Issues in Homoeopathy
60. Medicolegal Issues in Ayurved, Unani, Siddha
61. Medical Undergraduate Postgraduate Qualifications Granted by Medical Institutions Inside or Outside India may not be Registerable with MCI
62. Medicolegal Issues Related to Quacks
63. Safeguarding Children Rights to Prevent Abuse: A Challenge to Doctors
64. Medicolegal Issues Related to Mortuary
65. How to Get the Registration for Hospitals and Small Nursing Homes in India?
66. Medicolegal Aspects of Institutional Committee for Medical Research
67. Medicolegal Issues and Adoption, Foster Care, Remand Homes, Borstals and Non-mainstream Children
68. Medicolegal Aspects of Advertising by Doctors in Print, Electronic Media and Issues Related to Telemedicine
69. MCI Norms to Prohibit Doctors from Attending Conferences Financed by Pharma Companies
70. Medicolegal Issues Related to Consumer Organizations
71. Medical Indemnity Insurance and Risk Management
72. Police Cases and Procedures for Doctors
73. Medicolegal Issues of Mishap Reporting by Media
74. Conflict of Interest [COI]
75. Emotions during Practice! Is it Okay to Cry in front of your Patients?
76. Legislating “No-fault” Medical Compensation Law to replace Medical Negligence under Law of Tort
Acts, Rules, Notification, Guidelines and Registers
1. The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
2. Violations Under the PNDT Act and the Penalties
3. The Medical Termination of Pregnancy Act, 1971
4. The Bombay Nursing Homes Registration Act, 1949
5. Summary of the Clinical Establishments (Registration and Regulation) Act, 2010
6. Biomedical Waste (Management and Handling) Rules, 1998
7. The Indian Medical Council Act, 1956 (102 of 1956)
8. The Indian Medical Council Act and Rules,1957
9. The Indian Medical Degrees Act, 1916 (Act No. VII of 1916)
10. The Indian Medicine Central Council Act, 1970 [Act No. 48 of 1970 dated 21st December,1970]
11. The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (Published in Part III, Section 4 of the Gazette of India, dated 6th April, 2002)
12. The Transplantation of Human Organs Act,1994
13. The Homoeopathy Central Council Act, 1973
14. Ethics for Practitioners of Indian Medicine
15. The Protection of Children from Sexual Offenses Act, 2012
16. GR and Notifications for Ayurvedic Doctors
ETHICS
1. The Declaration of Helsinki
2. The Declaration of Geneva
3. Charak Samhita Oath
4. The International Code of Medical Ethics
GUIDELINES
1. Minimum Requirement for Opening of a Nursing Home/Hospital Apart from Some Locality Requirements and NOC
2. Guidelines Related to Easy Understanding of Law Related to MTP
3. Guidelines for Eye Camps
4. Guidelines for Speedy Disposal of Child Rape Cases
5. Guidelines for Safe Kit Protocol for Rape Victim
6. Frequently Asked Questions about Foreign Adoption Agency
7. PCPNDT Act—Guidelines
8. AIDS: Indian Council of Medical Research (ICMR) Guidelines
9. ICMR Guidelines for Preparing Standard Operating Procedures (SOP) for Institutional Ethics Committee for Human Research
REGISTERS
1. Fumigation Register
2. Indoor Case Register
3. Outdoor Patient Register
4. Sterilization of Instruments Register
Index