Eastzone Medico Legal provides medical legal services anywhere and anytime. It offers friendly and affordable services including timely advice, awareness tips, and doorstep assistance. The company aims to provide freedom from digital connectivity and peace of mind to customers. It emphasizes that if the right monitoring is not available, medical legal risks may arise.
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4. NAMELY:
sections 392 to 399, both inclusive, and section 402 (that is to
say, offences of robbery and dacoity);
Section 409 (that is to say, offence relating to criminal breach
of trust by public servant, etc.);
sections 431 to 439, both inclusive (that is to say, offences of
mischief against property);
sections 449 and 450 (that is to say, offence of house-
trespass);
5. FOR THE PURPOSES OF THIS SECTION, THE TERM "OFFENCE" INCLUDES ANY
ACT COMMITTED AT ANY PLACE OUT OF INDIA, WHICH WOULD CONSTITUTE
AN OFFENCE IF COMMITTED IN INDIA.
sections 456 to 460, both inclusive (that is to say,
offences of lurking housetrespass);and
sections 489A to 489E, both inclusive (that is to
say, offences relating to currency notes and
bank notes),
shall, in the absence of any reasonable excuse,
the burden of proving which excuse shall lie
upon the person so aware, forthwith give
information to the nearest Magistrate or police
officer of such commission or intention
6. SECTION 39 OF CRPC WHICH GIVES A LIST OF
OFFENCES, THE INFORMATION REGARDING
7. EASTZONE MEDICO LEGAL ANY
WHERE ANY TIME
That is, the doctor is duty bound to provide
information about these enlisted offences (in
Sec 39 CrPC) to the police. Failure to do so is
punishable. However, the list of offences in
Sec. 39 CrPC does not include the offence of
sexual abuse. And hence, legally the doctor is
not duty bound to inform the matter to the
police, unless the patient or her relatives
express their desire to do so or if the police
seeks information about a particular case
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MEDICO LEGAL
The doctor should inform the patient (if >18yrs)/
parents or guardian in case of minor that the
incidence narrated by the patient in her history
amounts to a punishable offence and they have
a legal remedy for it. If the patient/ parent or
guardian does not have any objection for
reporting the matter to the police, the doctor
should promptly do so
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Whenever the patient (>18yr)/ parent or
guardian in case of minor express their desire
to keep the matter as secret, we should perform
our ethical duty of maintaining “professional
secrecy”. However in such cases should always
take in writing from the patient if she is a major /
parent or guardian if patient is minor the
following details
10. MEDICO-LEGAL RISKS
That the doctor has explained that the incidence narrated amounts to
a punishable office.
That the patient/ parent or guardian can complain to the police about
it.
That she/ parent or guardian has requested the doctor to keep this
secret to himself and not to inform the police about tit as they do not
wish to file the police complaint in this matter.
Have you calculated individual doses based on the child's weight or
body surface area and clinical condition?
Are medication reference materials or treatment algorithms readily
available and is the information current and clear?
Are consultant recommendations clear, particularly when divided
medication doses are indicated?
Have you verified the medication, dose calculation, solution
concentration and route of administration?
11. Have you considered other health care professionals' concerns about a
medication dose?
Are your prescriptions legible?
If a change is required to an existing medication order, whether
handwritten or by computer order entry, have you made the correction
according to established documentation principles?
Have you monitored the efficacy of a medication, identified potential
adverse effects or re-evaluated the child's condition before renewing a
prescription?
Are your medical records accurate, up-to-date and contemporaneous?
Have you appropriately and accurately labelled and stored medications
12. IDENTIFIED SAFETY MEASURES
researched unfamiliar medications
based the medication dosage on the patient's current weight
used legible handwriting when writing the medication
order/prescription
double-checked a medication dose calculation
tapered the dosage before discontinuing the medication, when
indicated
labelled medications clearly
documented the administration of a medication
provided clear patient instructions when an existing
prescription was modified
monitored the efficacy of a medication, identified potential
adverse effects or re-evaluated the child's condition before
renewing a prescription
13. DELIVERY INJURIES
Caput Succedaneum
Caput succedaneum is the swelling of a newborn’s scalp, typically caused by
pressures on the baby’s head during a difficult or prolonged head-first delivery, or due
to a vacuum extraction procedure. Visual bruising sometimes accompanies the
swelling, but the condition usually abates within a few days of childbirth.
Cephalohematoma
Cephalohematoma is another type of birth injury that can be the result of vacuum
extraction. Cephalohematoma occurs when blood collects between the skin and the
cranial bone. This condition can be a precursor to jaundice, but it usually goes away
on its own within a few weeks to three months.
Erb’s Palsy
Brachial plexus birth palsy (Erb’s Palsy) is a nerve-related injury that can occur if the
baby's neck or shoulder is stretched too far during delivery. It affects one to two out of
every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.
The condition results from damage to a cluster of nerves near the neck, causing
weakness, numbness, and loss of motion in the arms of a newborn. Most babies will
recover feeling and movement in the arm that is affected, but there are gradations of
severity when it comes to Erb’s Palsy. Some infants may need to undergo physical
therapy, and surgery may be necessary if little or no improvement is seen within three
to six months.
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Hypoxic-Ischemic Encephalopathy
Hypoxic-Ischemic Encephalopathy (HIE) is a condition that occurs when the
baby's brain does not receive an adequate flow of oxygen. The result can be the
death of brain cells, brain damage, developmental problems, epilepsy, cerebral
palsy, and even death if the condition is not abated.
Birth Fractures
The most common bone fractures that can occur to a newborn during delivery
are to the clavicle or collarbone. In some cases, fractures are unavoidable, but
they can also occur where the doctor had a reasonable opportunity to spot
probable complications, and a C-section delivery would have been the
appropriate course of treatment.
Subconjunctival Hemorrhage
Subconjunctival hemorrhage is a birth-related injury that causes small blood
vessels in a baby’s eye to rupture. It usually appears as a small red patch on the
white of the eye, and is caused by different pressures placed on the baby’s body
during delivery. Typically, there is no permanent damage to the child’s eyes. This
birth injury is generally resolved without intervention or complication after one to
two weeks.
15. ACTION?
It’s very possible that the doctor did something -- or failed to do something -- during
the birth process, and that conduct amounted to medical malpractice. But it’s not as
simple as that. The results alone (a baby with a birth-related injury) don’t support a
conclusion that the doctor committed birth-related medical malpractice.
In every medical malpractice case, it’s first necessary to establish the appropriate
level of care under the circumstances - the degree of care and skill of the average
health care provider who practices the same specialty, taking into account the
medical knowledge that is available to the physician in that particular situation.
some traumatic childbirth scenarios, fast action is required on the part of the doctor
and especially in cases where the health of the newborn or the mother is in danger. A
birth injury may be considered a practical (or even necessary) risk, if the
circumstances of the situation call for drastic measures. But obviously, in cases
where no complications exist and labor is proceeding normally, a doctor may well be
deemed negligent if the baby ends up with a serious physical injury.
Alternatively, if a quick response to a dangerous situation is necessary, and the
doctor fails to act, that may also be considered medical negligence, and the medical
professional would be on the legal hook for any resulting injuries. This is often the
case when a baby is in danger - perhaps deprived of oxygen - in the womb, and the
medical staff fails to execute a C-section in a reasonable amount of time. If oxygen
deprivation - hypoxia (too little oxygen) or anoxia (no oxygen)
16. BIRTH INJURIES RESULTING IN FETAL DEATH
A childbirth injury that results in fetal death may give rise to a medical
malpractice claim if the treating physician failed to provide the level of a
care of a reasonably skilled and knowledgeable healthcare professional
under the circumstances.
These cases are usually filed as wrongful death cases. In some states,
a wrongful death action can only be brought where the baby died during
or soon after the birth. A fetus that dies in utero is often not considered
separate from the mother, although this is obviously a complex question
that will depend on the unique circumstances of each case, not to
mention state law.
This issue typically arises in one of two ways: (1) the fetus dies before or
during childbirth because the mother also lost her life, or (2) the mother
survives but the fetus sustains injuries which lead to its death either in
utero or at the time of delivery. In these situations, the question arises
whether there is a distinct claim for the wrongful death of the fetus --
separate from any claim involving harm to the mother. In such
emotionally-charged (not to mention legally and medically complex)
cases, it’s best to discuss your situation with an experienced medical
malpractice attorney.
17. LABOR & DELIVERY NEGLIGENCE
Doctors, nurses, and other team members involved
in bringing a child into the world have a
responsibility to do all they can to keep mom and
baby safe and healthy. Nearly all cases of birth injury
result from a failure to uphold this duty. If you
suspect your child’s birth injury was a preventable
one, and you would like to hold the negligent person
legally accountable for the harm caused, an
experienced birth injury attorney can help
18. NEGLIGENCE HAPPENS
Negligence during labor and delivery may occur when a
doctor or other medical professional’s actions cause
harm, or when failure to take the necessary steps results
in preventable harm.
There are a number of different reasons why a medical
professional may become negligent, including lack of
training, fatigue, and plain old carelessness. A doctor may
fail to use or read an infant heart rate monitor or other
medical technology properly, or cause C-section injuries
by deviating from the accepted procedural
standards. Sometimes, labor and delivery staff may
overlook certain warning signs of fetal distress.
If an obstetrician fails to order the proper testing to
evaluate the mother’s health, or if test results are misread,
this can also lead to serious birth injury. If a doctor makes
medication errors, it can cause irreparable harm to the
baby.
19. TYPES OF LABOR AND DELIVERY NEGLIGENCE
delivery negligence include the following scenarios.
Lack of oxygen to the brain (asyphxia) can cause a wide range of
health issues, including brain damage, cerebral palsy, and breathing
disorders.
Use of excessive force can cause physical deformities like Erb’s
palsy, cranial and spinal cord injury, bone injury and fractures, and
infant brain damage.
Failure to read heart rate monitor reports correctly can cause doctors
to miss important signs of fetal distress.
Failure to order a C-section at the right time can put a child in
danger.
Failure to take transmission-prevention steps in HIV-positive mothers
can cause infection in children.
Failure to treat high-risk pregnancies with necessary caution can
cause birth injury.
Misuse of vacuum extraction can cause vacuum birth injury
Failure to prevent or treat umbilical cord strangulation can have
fatal consequences.