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Medicolegal aspects of practice Dr. Nikhil Datar. MD.DNB.FCPS.FICOG.LLB.DGO.DHA GYNAECOLOGIST & MEDICO LEGAL CONSULTANT

Assistant Honorary: Dr R N Cooper Hospital Consultant Gynaecologist: Nanavati Hospital. Mumbai Director. Datar Nursing Home. Malad Mumbai Medico legal Consultant : Kaylegal (Law firm)

Vice president: Association of Medical Consultants Past President: Association of Fellow Gynaecologists

Dr Nikhil D. Datar

Why are we at “gun point?”  Society

can not decide whether we are service,industry, buisness, vocation,profession…  Society does not recognise anybody else other than a doctor in health care  Health infrastructure is least important in country

Dr Nikhil D. Datar

 Society

does not have good redressal mechanism as councils are defunct  Excessive thrust on diagnostics and no importance to preventive health care  We lack standardization so we can’t prove standards

Dr Nikhil D. Datar

Most important areas:  Death

certificate and death related  Emergency care  Police procedures & criminal negligence  Crosspathy practice  MTP Act and PNDT Act  Medical council regulations.

Dr Nikhil D. Datar

Cause unknown Or PM mandatory

Cause known surely

Dr Nikhil D. Datar

Death Certificate: To Be (given) Or Not To Be (given)!!

Dr Nikhil D. Datar

Death certificate  Give

it… may be sensed as “hush-hush” in the matter  Not give it… sensed as “ended life but harassment unending ”

Dr Nikhil D. Datar

A doctor can give DC: If he knows the cause of death And not otherwise

Dr Nikhil D. Datar

Inform the police: When

cause of death is not known

When

cause of death is known but………….

Dr Nikhil D. Datar

When to inform police  Death

linked with abortion

 Death

on operation table or post op

24 hours  Death

related to medical procedure

Dr Nikhil D. Datar

When to inform police:  Death

related to accidents or violence

 All

deaths related to tubal sterilizations (PM mandatory)

 When

there is allegation of medical mis management

(source:J.K.Mason .Edition III)

Dr Nikhil D. Datar

Section 304 A: Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for two years , or with fine or with both.

Dr Nikhil D. Datar

Interaction with the Police Informing Police

the police

“Panchnama”

Handing

over the papers

Dr Nikhil D. Datar

Arrest of a doctor PM

report

Opinion

of police surgeon

Discretion

of the IO

Dr Nikhil D. Datar

Emergency care  Paramanand

Katara  Parwatkumar “Consideration can wait ….” - National commission

Dr Nikhil D. Datar

Problems:  Poor

infrastructure  Lack of multispeciality  Poor transport services  Poor support from public and police

Dr Nikhil D. Datar

Cross pathy:

Dr Nikhil D. Datar

MTP Act & PCPNDT Act

Dr Nikhil D. Datar

Every right has a corresponding duty.. This is so true …. For doctors … but not for the patients!

Dr Nikhil D. Datar