Medico Legal Example
No, a doctor 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. 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. Medical law defines the right code of conduct, the responsibilities of health care providers and the rights of patients. If a health care provider is suspected of medical malpractice and causing unnecessary harm to a patient, they risk legal action by that patient. Criminal law also applies to the medical world to ensure that health care providers do not engage in criminal activity in their practice. 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. 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. Our certified, actively practicing medical witnesses bring unparalleled expertise to your case. Read these in-depth medical case studies, each written by an AMFS medical expert, to better understand the value our experts bring to the best lawyers in the country. The two should not be confused, although some legal cases may involve both, for example, when a physician is called as an expert witness in a malpractice case against another health care provider. 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. The term medical law refers to both medicine and law. It can refer to two things: Here are some of the legal terms in the Indian Penal Code that every doctor should be aware of when dealing with a forensic matter: Yes, if a doctor does not intentionally report a forensic case to the police, he will be punished with 6 months imprisonment or a fine or both. in accordance with Section 202 of the Indian Penal Code. Almost all doctors can specialize in forensics. Discover the UK`s leading medical specialists here. 1. The study and application of medical and scientific methods as evidence in a legal case, e.g. paternity, cause of death, rape, etc.
This is also known as forensic medicine or medical jurisprudence. 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 consider when dealing with 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. 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: 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. 2.