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MEDICAL LAW

Updated: May 14

Medical law is the body of law concerning the rights and responsibilities of medical professionals and their patients. The main area of focus for medical law include confidentiality, negligence and other torts related to medical treatment and criminal law and ethics.The medical council of India, a national level statutory body for the doctors of recent medicine was constituted council act, 1933. It concern the responsibilities of medical professionals towards the patient and right of the patient. As we known that “Ignorance of data is not a criminal offense, but negligence is.” Medical ethics is that the study of morals values and judgement as they apply to medicine encompassing, history, philosophy, theology and sociology.medical education where within the world is governed by various legislation applicable to different nation regions, culture and religions. Medical teaching is incomplete when it’s known by everyone with the assistance of medical law people or we will say that doctors have the proper towards any injustice or wrong doer. And as we known that each law is connected with the legislation as same as medical law connect with legislation.. medical ethics imay be a system of ethical principles that apply value to the practice of clinical medicine and in research project. The Supreme Court has been emphatic in declaring that the basic Right to Life (article-21) covered within its scope the proper to emergency healthcare. The landmark judgement that marked this momentous event is that of “PARMANAND KATARA V. UNION OF INDIA”,1989.


When the medical law isn’t inherit effect than the buyer or patient file the complain within the consumer forum i.e. consumer protection act,1986. The sections of Indian legal Code 80 and 88 contain defences for doctors accused of criminal liability. The most a part of the medical law relate with the law of torts and legal code in reference to practice and treatment.


It includes educational and licensing requirement, civil litigation requirement, civil litigation involving physician or their employees, criminal cases in which physicians are called as expert witnesses duties involving birth or death certificates and duties to report diseases and suspected abuse. In the medical law two words are mainly use i.e. negligence and malpractice. As we known that when there is no law on medical than patient and doctor both have many problem regarding anything like fault, injustice etc.. legal professionals advice physicians to require the subsequent step to safeguard themselves against lawsuit for malpractice or negligence.


  • Have a duplicate of all signed application for licensing

  • And everyone of the member of the practice are properly licensed and qualified to their tasks.

  • It must take care that hospitals staff privileges and fedral drug registration for members of the practice who write prescription are maintained in good standing

  • All the offices and surgery centres, laboratories are properly licensed.

  • Staff handle patient complaint properly

  • It must make sure that than the patient fill all the data billing record are handled with strict confidentiality

  • Make prompt and appropriate compliance with all third-party payor rules.


In the medical law there are some duties of public like physicians are required by law to carry out certain public duties . like physicians are required by law to carry out certain public duties like signing certificates of live birth and natural death.

Medical law is that the body of laws concerning the proper and responsibilities of medical professionals and their patient.


Confidentiality between doctor and patient is incredibly necessary because once we share all the problem with the doctor then he gives us prescription and not leak anywhere within the medical law the word confidentiality is very incredibly important. And as we known that only doctors provides us prescription to any ill treatment when there’s no doctor then we cannot survive.


Apart from the national law, there’s also an world law concerning physicians. The globe health organization and world association of medicals doctors brought the subsequent declaration-Declaration of promotion of patient right, the revised Lisbon declaration on patients rights.


The medical law addreses a variety of important ethical question. These include ethical questionon the character, quality, duration of life. These question preceed come before the courts recently with relation to euthnesia reproductive technology and sterication of non- competent patient.


Crime and ethics in medical law


Criminal law and ethics have taken a very large area in medical law in recent years.

The rise of so called “pill mills” have raised issue about the role of medical professionals in the trafficking controlled pustances, both from a criminal & an ethical standpoint. Other example have included terminally ill patient & sexual assaults against anesthetized patient.


Medical Malpractice Law-


In common nature or law jurisdiction medical malpractice liability is often supported the law of negligence. Although the laws of medical malpractice differ significantly between nation, as a broad general rule of liability follows. When a health care people don’t show a good reasonable and competent degree of skill when providing medical aid to the patient. As laws vary by jurisdiction, the particular professionals who is also targeted by a medical malpractice action will vary depending upon where the action is filled. In many jurisdiction, a medical malpractice lawsuit is initiated officially by the filling and repair of summons and complaint. The parties subsequently engage in discovery, a process through which document like– case history are exchanged and deposition are taken by parties involved in lawsuit. Allow us to see the instance , when the doctors act care lessely the result are often catastrophic for the patient.


It is not surprising, than that damage award in medical malpractice cases are among the largest of all personal injury cases. And it should include medical expenses, physical pain, suffering, emotional distress indemnity yet as compensation for partial or complete impairment, disfigurement and death.


Expert witness play a singular role in medical malpractice lawsuit. Many of the issue debated in these cases. like as whether a surgery was performed correctly are too complex for judges and juris to known on their own, it means other doctor must be called upon to check the cases render an opinion and explain their finding. It for the injured patient, the express of hiring an expert significantly increases the worth of infringing the claim.


Law governing employement and manpower deals with the law regulating the employement of manpower, their salaries and repair rules. And law governing management of patient are for the law for setting standard and norms for the conduct of medical proffesion, practice of certain production.


Position of Medical law



The Medical Law Council Act, 1956 look over the wrongdoing of medical praticioners in India.


In 1933, the India legislative assembly passes the Indian medical council act, 1933. This act was highly criticized resulting in repealing of the entire act. A new act called the Indian medical council act, 1956 was formed and passed which is the current law of the land.


In “A.S. Mittal & another v. state of UP & others”, 1989 AIR the court has opined that there is a possibilities of criminal conviction of criminal courts for offences including moral turpitude as it was very clear observed by the hon’ble Supreme court the medical profession is one of the most establishing calling of the world & is the most philanthropic one.


Medical law of latest COVID-19



COVID-19 and the current challenges of quarantine law-

The novel Corona virus, COVID-19 is caused by the sever acute respiratory syndrome corona virus-2 (SARS-COV-2). It has been declared a pandemic by the world health organization and is an unprecederted world wide health crisis.

India too has subjected people to legally enforceable quarantine or self-quarantine. It is in this context that mitigation and control of the outbreak of COVID-19 in India are these of the paramount importance not only to India but to the whole world.

Historically, India has adopted the common law remedies for quarantine enforcement which has proved to be effective in times of epidemic and pandemic.

One of the earliest precedent is found by the embark decision of United state supreme court case “Cribbons v. ogden”, wherein the power of the state to enact quarantine laws and impose health regulation are justified in case of health emergencies, dangerops diseases, and viral infection.

The current situation in India amid COVID-19 derives from the section 6(2)(1) and section 10(2)(1) of disaster management enforcement and protection of health.


Conclusion


The health legislature are very few compared to the size and problem in the health sector. And there is highly need for having a comprehensive health care act, framed in order to get the entire health care to the objective laid down in the different policy in India. In the medical act or rules and regulation patient must have to follow them very strictly. If any violation occurs than he/she must complaint.


About Author


Vaishali Yadav


Hey! I am Vaishali yadav from Shambhunath institute of law,pryagraj. Now I am in 2year(Ba.LLB).



Co-author


Shivam pandey

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