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LEGAL ASPECTS OF MEDICAL CARE DR.N.C.DAS
MEDICAL ETHICS AND CONDUCT ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
  THE INDIAN MEDICAL COUNCIL ACT 1956 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
LEGAL RESPONSIBILITY OF HOSPITAL ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
HOSPITAL RESPONSIBILITY   SOCIETY WOMEN ORGN . YOUTH ORGN . OWNER LOCAL GOVT. RELATIVES PATIENT HOSPITAL  STAFF VISITOR POLICE
LIABILITIES OF THE HOSPITAL   ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
LAWS GOVERNING THE MEDICAL ISSUES LAW CRIMINAL CIVIL ,[object Object],[object Object],[object Object],[object Object],Between two parties always  physical punishment with or  Without compensation .
CIVIL LAW LAW OF  CONTRACTS LAW OF TORTS ( Not covered by contracts) LAW OF  VICARIOUS RESPONSIBILITY EXPRESSED IMPLIED NEGLIGENCE INTENTIONAL INTERFERENCE COMMUNITY CARE RIGHTS MEDICAL  LAWS
LAW OF CONTRACTS   EXPRESSED IMPLIED ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
MEDICAL NEGLIGENCE  CRIMINAL  NEGLIGENCE  CIVIL  NEGLIGENCE   ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],CONTRIBUTARY
INTENTIONAL INTERFERENCE   ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],LEGAL RESPONSIBILITIES  ( COMMUNITY CAREASPECTS) OF DOCTORS
STATE RESPONSIBILITY OF HOSPITAL   (LAWS GOVERNIING MEDICAL ACTS) ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
VICARIOUS RESPONSIBILTY VICARIOUS RESPONSIBILTY :   This is the liability on the part of the administrator for the negligence of the hospital staff if he fails in adequate supervision and this over all responsibility of the administrator on the responsibility of the individuals is knows as vicarious responsibility. ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
LEGAL ASPECT OF MEDICAL CARE  ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
MAKE SURE : SALIENT POINTS IN EXAMINATION  OF MEDICO LEGAL CASE ,[object Object],[object Object],[object Object],[object Object]
EXAMINATION OF MEDICO LEGAL CASE 4.If a case is brought by police, several days after the incident, for Medico Legal examination. -The opinion regarding the case is to be given according to the present exam findings and present condition of the patient.  5.If a case has already been dealt as Non Medico Legal by the first examining doctor in the casualty, it can be made Medico Legal by the concerned treating unit doctor, if they suspect any foul play at any stage, while the patient is in the hospital.  They have to do all Medico Legal formalities in such cases.  6.Not registering a case as MLC by CMO shall solely depend on his assessment and not with anybody’s request or order. He will be held responsible if anything goes wrong.
PREPARATION OF MEDICAL LEGAL CASE SHEET ,[object Object],[object Object],[object Object],[object Object],[object Object]
PREPARATION OF MEDICAL LEGAL CASE SHEET 6. If patient is admitted it must be mentioned in the injury sheet, “Admitted For Detailed Examination and Management”.  7. Type of weapon (if possible) must be mentioned whether blunt or sharp, hard blunt, soft blunt, cutting weapon, stabbing weapon firearm on the basis of injury/ examination. 8. Nature of injury may be mentioned (either simple, grievous or dangerous/serious).  9. In case of suspected poisoning it must be mentioned as,” poisoning nature not known”, instead of “unknown poisoning”.
PREPARATION OF MEDICAL LEGAL CASE SHEET 10.  In very critical cases where management is the first priority the general findings may be noted and patient may immediately be admitted for immediate treatment and above facts must be mentioned on the injury sheet,  also that the case has been admitted for further detailed exam. and management.  11. A fresh injury sheet may not be prepared, if it had already been registered as Medico legal by some other hospital/ doctor. Only previous Medico legal registration number may be mentioned in the document labeling as Medico legal.
12.If decision is taken to make a medico legal case after admission, the treating unit doctor (not below the rank of S.R./M.O.) should prepare the injury sheet.  13.In Medico legal cases brought dead injury sheet must be prepared where all details about the case may be mentioned.  14.If a Medico legal case is referred to the specialty doctor and he wants to admit the case or send the case to home, he must inform the C.M.O. concerned about the same, after examination, so that such an entry may be made in the Medico legal Injury sheet. 15. All victims of alleged rape and criminal abortion should be shown to lady doctor  for examination and preparation of medico-legal injury sheet and other formalities. 16. Consent for medical examination should be taken unless he/she is arrested on charge of committing an offence and produced before C M O for medical examination.  17. If a person is below 18 years of age, consent of guardian is to be taken for private part examination.  PREPARATION OF MEDICAL LEGAL CASE SHEET
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
18. Casualty duty officer or any other doctor dealing with a medico legal case must complete all the formalities before he is relieved from duty. It is mandatory on the part of CMO to put time of arrival of patient in the casualty register. 19. The attending doctor to put his legible signature full name in capital letter and designation for future reference . 20. A copy of the MLC to be handed over to police taking a receipt. “ NO MLC SHOULD BE BACK DATED”   ( THERE IS A SEPARATE PRESENTATION ON MEDICO LEGAL CASE RECORD)
HOSPITAL ADMINISTRATION MADE EASY http//hospiad.blogspot.com An effort solely to help students and aspirants in their attempt to become a successful Hospital Administrator. hospi ad DR. N. C. DAS

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Legal aspect of medical care

  • 1. LEGAL ASPECTS OF MEDICAL CARE DR.N.C.DAS
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  • 5. HOSPITAL RESPONSIBILITY SOCIETY WOMEN ORGN . YOUTH ORGN . OWNER LOCAL GOVT. RELATIVES PATIENT HOSPITAL STAFF VISITOR POLICE
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  • 8. CIVIL LAW LAW OF CONTRACTS LAW OF TORTS ( Not covered by contracts) LAW OF VICARIOUS RESPONSIBILITY EXPRESSED IMPLIED NEGLIGENCE INTENTIONAL INTERFERENCE COMMUNITY CARE RIGHTS MEDICAL LAWS
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  • 17. EXAMINATION OF MEDICO LEGAL CASE 4.If a case is brought by police, several days after the incident, for Medico Legal examination. -The opinion regarding the case is to be given according to the present exam findings and present condition of the patient. 5.If a case has already been dealt as Non Medico Legal by the first examining doctor in the casualty, it can be made Medico Legal by the concerned treating unit doctor, if they suspect any foul play at any stage, while the patient is in the hospital. They have to do all Medico Legal formalities in such cases. 6.Not registering a case as MLC by CMO shall solely depend on his assessment and not with anybody’s request or order. He will be held responsible if anything goes wrong.
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  • 19. PREPARATION OF MEDICAL LEGAL CASE SHEET 6. If patient is admitted it must be mentioned in the injury sheet, “Admitted For Detailed Examination and Management”. 7. Type of weapon (if possible) must be mentioned whether blunt or sharp, hard blunt, soft blunt, cutting weapon, stabbing weapon firearm on the basis of injury/ examination. 8. Nature of injury may be mentioned (either simple, grievous or dangerous/serious). 9. In case of suspected poisoning it must be mentioned as,” poisoning nature not known”, instead of “unknown poisoning”.
  • 20. PREPARATION OF MEDICAL LEGAL CASE SHEET 10. In very critical cases where management is the first priority the general findings may be noted and patient may immediately be admitted for immediate treatment and above facts must be mentioned on the injury sheet, also that the case has been admitted for further detailed exam. and management. 11. A fresh injury sheet may not be prepared, if it had already been registered as Medico legal by some other hospital/ doctor. Only previous Medico legal registration number may be mentioned in the document labeling as Medico legal.
  • 21. 12.If decision is taken to make a medico legal case after admission, the treating unit doctor (not below the rank of S.R./M.O.) should prepare the injury sheet. 13.In Medico legal cases brought dead injury sheet must be prepared where all details about the case may be mentioned. 14.If a Medico legal case is referred to the specialty doctor and he wants to admit the case or send the case to home, he must inform the C.M.O. concerned about the same, after examination, so that such an entry may be made in the Medico legal Injury sheet. 15. All victims of alleged rape and criminal abortion should be shown to lady doctor for examination and preparation of medico-legal injury sheet and other formalities. 16. Consent for medical examination should be taken unless he/she is arrested on charge of committing an offence and produced before C M O for medical examination. 17. If a person is below 18 years of age, consent of guardian is to be taken for private part examination. PREPARATION OF MEDICAL LEGAL CASE SHEET
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  • 23. 18. Casualty duty officer or any other doctor dealing with a medico legal case must complete all the formalities before he is relieved from duty. It is mandatory on the part of CMO to put time of arrival of patient in the casualty register. 19. The attending doctor to put his legible signature full name in capital letter and designation for future reference . 20. A copy of the MLC to be handed over to police taking a receipt. “ NO MLC SHOULD BE BACK DATED” ( THERE IS A SEPARATE PRESENTATION ON MEDICO LEGAL CASE RECORD)
  • 24. HOSPITAL ADMINISTRATION MADE EASY http//hospiad.blogspot.com An effort solely to help students and aspirants in their attempt to become a successful Hospital Administrator. hospi ad DR. N. C. DAS