* Introduction * Medico-legal issues * Medico-legal issues in medical practice * Labelling a case as medico-legal case * Examples of Medico-legal issues * General guidelines for dealing with medico-legal cases * Precautions to be taken in medico-legal case * Consumer Protection Act and Medical Profession * Patient's rights and Consumer Protection Act * The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 * Conclusion * Reference | 030304040505070809141718|
The essay includes the topic of Medico-Legal issues: Medical Professional and Consumer Protection Act (COPRA). The rights of the patients under consumer protection Act. People with Disability Act 1995 and its relevance to the Medical profession. The Doctor patient relationship in our country has undergone a sea change in the last decade and a half. The lucky doctors of the past were treated like God and people revered and respected them. We witness today a fast pace of commercialization and globalization on all spheres of life and the medical profession is no exception to these phenomena. As a result, the doctor-patients relationship has deteriorated considerably. Earlier too, doctors were covered by various laws, i.e. the Law of Torts, IPC etc., but since the passing of the Consumer Protection Act in 1986, litigation against doctors is on the increase. The medical profession is definitely perturbed by this and a rethink is necessary on standards of medical practice or 'defensive medicine'.
Surgeons/Urologists busy themselves in acquiring knowledge, perfecting operative techniques and assimilating the newest technologies that are evolving so rapidly. Sometimes the course of the disease or therapeutic decisions does not run along predictable lines. The patient-doctor relationship is then put to test. Law whether civil, criminally or consumer law, can only set the outer limits of acceptable conduct i.e. minimum standards of professional care and skill, leaving the question of ideal to the profession itself. MEDICO-LEGAL ISSUES
1. Medico-legal cases (MLC) are an integral part of medical practice that is frequently encountered by Medical Officers (MO). The occurrence of MLCs is on the increase, both in the Civil as well as in the Armed Forces. Proper handling and accurate documentation of these cases is of prime importance to avoid legal complications and to ensure that the Next of Kin (NOK) receive the entitled benefits. 2. All medical officers working in hospitals / field medical units / non medical units encounter medico-legal issues which should be handled in accordance with the law of the land and directives issued by service headquarters.
3. The purpose of this memorandum is to provide general guidelines for Medical Officers of the Armed Forces Medical Services (AFMS) while dealing with commonly encountered situations which fall within the medico-legal domain.
4. Since law and order is a state subject, there are differences in the legal procedures being followed by different states. Medical Officers should acquaint themselves with medico-legal procedures that are in vogue in the state in which they are serving.
MLCs (MEDICO-LEGAL CASES) IN MEDICAL PRACTICE:
MLC (Medico-legal cases) is defined as “any case of injury or ailment where, the attending doctor after history taking and clinical examination, considers that investigations by law enforcement agencies (and also superior military authorities) are warranted to ascertain circumstances and fix responsibility regarding the said injury or ailment according to the law”.
LABELLING A CASE AS MLC.
* RMO / Casualty medical officer / MO in charge of MI Room / Duty Medical Officer (DMO) / MO In charge ward, who is attending to the case, may...