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Medical Ethics
Dr Nikita Prabhakaran MBBS, MD
Senior Resident
Medical ethics
• Deals with the moral principles
• which should guide the members of medical profession
• In their dealings with each other, their patients and the State.
Medical etiquette
• Conventional laws of courtesy
• observed between the members of medical profession
MEDICAL JURISPRUDENCE
• Is the study of law in relation to medicine.
• It deals with the legal aspects of medicine
• such as legal rights, privileges,
and obligations of medical practitioner
DIFFERENT CODES OF ETHICS
• HIPPOCRATIC OATH -OLDEST ONE
• DECLARATION OF GENEVA –1948
• INTERNATIONAL CODE OF MEDICAL ETHICS-1949
• INDIAN MEDICAL DEGREES ACT -1919
• INDIAN MEDICAL COUNCIL ACT –1933, 1956
• MCI Amendment Act 2010
• NATIONAL MEDICAL COMMISSION ACT –2019
World
medical
association
National
medical
Council
State
Medical
council
INDIAN MEDICAL COUNCIL
•CONSTITUTION
1 member from each state (nominated by central Govt)
1 member from each university-medical faculty
1 member from each state
7 members from persons in any SMR
8 members nominated by central government
Among
themselves
Term of 5 years
FUNCTIONS OF INDIAN MEDICAL COUNCIL
1. Recognition of medical qualification
2. Supervision of undergraduate & postgraduate medical education
3. Recognition of foreign medical qualification
4. Recognition of medical institutions
5. Warning notice
6. Appeal against disciplinary action
Warning notice
• IMC and SMC gives examples of offences which
constitutes serious professional misconduct
• but it stresses the fact that it is not a complete list.
• Each case has to be decided on its specific facts and merits
NATIONAL MEDICAL COMMISSION
• Passed in Lok Sabha in July 29, 2019
• NMC came into force from September 25, 2020
• Consists of 33 members
• A chairperson –a medical professional
• 10 ex officio members
• 22 part time members (law, research, public representatives)
National medical commission
• Chairman –Dr Suresh Chandra Sharma (former HOD, ENT, AIIMS) for 3 years
• Secretary –Dr Rakesh Kumar Vats (former secretory of board of governors of
IMC) for 3 years
• Registered medical practitioner may be known as
• ‘Graduate medical practitioner’
• Ensuring compliance by SMC with the regulations made under the bill
• Framing guidelines for determining the fee for up to 50% seats in
Private medical Colleges
Functions of NMC
Regulatory boards under NMC
• 4 autonomous boards
1. The Under Graduate Medical Education Board (UGMEB)
2. Post Graduate Medical Education Board (PGMEB)
3. The Medical Assessment and Rating Board (MARB) licensing new
institutions, maintenance of standards
4. The Ethics and Medical Registration Board misconduct
• Community Health Providers
• WHO standard Doctor : Population ratio = 1:1000
• India in Jan 2018 Doctor : Population ratio = 1: 1655
• This gap is to be filled by Community health providers who are licensed mid level medical
practitioners provided by NMC
• They prescribe specific medicines in Primary and Preventive health care
• Uniform NEET(National Eligibility cum Entrance Test)
• National Exit Test
• Common final year undergraduate exam for students graduating from medical institutions
• To obtain license for practice
• Serve as the basis for admission to postgraduate courses
State Medical Council
• Constituted by
• Medical teachers
• Registered medical practitioners
• State government nominees
Functions
Medical register
Disciplinary control
Judicial Proceedings in SMC
Conviction in court/
public complaint/
official complaint
Registrar President
Sub/
executive
committee
Doctor
summoned
Hearing and
enquiry
Disciplinary
committee
Vote and
judgment
Acquital
Warning
Temporary removal
Permanent erasure
PROFESSIONAL MISCONDUCT / INFAMOUS CONDUCT
Act of a medical man in the pursuit of his profession,
with regard to which it would be reasonably
regarded as Disgraceful or dishonourable
by his professional brethren of
Good repute & Competence.
6 ‘A’s
• Abortion
• Addiction
• Adultery
• Advertising
• Association
• Conviction by court of law
• Refusing treatment on religious grounds
• Sex determination tests
• Dichotomy – splitting of fee
• Touting -selling
• Issuing false certificates
• Schedule H and L drugs
• Clinical trials without consent
PUNISHMENT
•Warning –minor offence
•Penal erasure
PENAL ERASURE / PROFESSIONAL DEATH SENTENCE
• Serious professional misconduct name is removed from the register temporarily/
permanently
• Permanent removal of name from the medical register PENAL ERASURE
• Death of practitioner
• Entries made in error
• Professional misconduct
• Not traceable in his address
RIGHTS & PRIVILEGES OF RMP
• Choose the patient
• Use title &description of qualification
• Appointment in public & local hospital
• Prescribe & dispense medicine
•Realize fee &expenses
•Issue medical certificates &ml reports
•Give evidence in a court of law
•Removal of organ for transplantation
•Perform MTP
Duties of medical practitioner
• 1.To uphold dignity of honour of profession
• 2.To exercise reasonable degree of skill and knowledge
• 3.With regard to attendance and examination
• 4.To furnish proper and suitable medicines
• 5.To give instructions
• 6.To control and warn
• 7.To third parties
• 8.Towards children and adults incapable of taking care of themselves
• 9.Inform patients of risks
• 10. With regards to poison
• 11.To notify certain diseases
• 12. With regards to operations
• 13. With regards to consultations
• 14. In connection with X-ray examination
• 15. Professional secrecy
• 16. Previleged communication
PROFESSIONAL SECRECY
• Doctor is obliged to keep as secrets all that he comes to know about
his patient during treatment
• Implied term of contract
• Disclosure without genuine reasons professional misconduct
PRIVILEGED COMMUNICATION
• Doctor can reveal certain information about a patient to protect the
interest of public or state.
• Better to get the consent of the patient
• 1.Veneral diseases spouse
• 2.Infectious diseases hostel
• 3.Notifiable diseases COVID 19
• 4. In patients interest
• 5. Suspected crime criminal case
• 6. Courts of Law offences
• 7. Insurance reports
Duties of a patient
• Furnish the doctor with complete past medical history, family
history of diseases and the facts and circumstances related to the
disease
• He should strictly adhere to the instructions of the doctor with
regard to diet, medicines, life style changes
• He should pay reasonable fee to the doctor
Privileges and Rights of patients
Choice
Access
Dignity
Privacy
Confidentiality
Information
Safety
Right to know
Right to refuse
Second opinion
Records
Continuity
Comfort
Complaint
Compensation
Lets add
smiles!!!!!!!!!!!!!!

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Medical ethics

  • 1. OR
  • 2. Medical Ethics Dr Nikita Prabhakaran MBBS, MD Senior Resident
  • 3. Medical ethics • Deals with the moral principles • which should guide the members of medical profession • In their dealings with each other, their patients and the State.
  • 4. Medical etiquette • Conventional laws of courtesy • observed between the members of medical profession
  • 5. MEDICAL JURISPRUDENCE • Is the study of law in relation to medicine. • It deals with the legal aspects of medicine • such as legal rights, privileges, and obligations of medical practitioner
  • 6.
  • 7.
  • 8. DIFFERENT CODES OF ETHICS • HIPPOCRATIC OATH -OLDEST ONE • DECLARATION OF GENEVA –1948 • INTERNATIONAL CODE OF MEDICAL ETHICS-1949
  • 9. • INDIAN MEDICAL DEGREES ACT -1919 • INDIAN MEDICAL COUNCIL ACT –1933, 1956 • MCI Amendment Act 2010 • NATIONAL MEDICAL COMMISSION ACT –2019
  • 11.
  • 12. INDIAN MEDICAL COUNCIL •CONSTITUTION 1 member from each state (nominated by central Govt) 1 member from each university-medical faculty 1 member from each state 7 members from persons in any SMR 8 members nominated by central government Among themselves Term of 5 years
  • 13. FUNCTIONS OF INDIAN MEDICAL COUNCIL 1. Recognition of medical qualification 2. Supervision of undergraduate & postgraduate medical education 3. Recognition of foreign medical qualification
  • 14. 4. Recognition of medical institutions 5. Warning notice 6. Appeal against disciplinary action
  • 15. Warning notice • IMC and SMC gives examples of offences which constitutes serious professional misconduct • but it stresses the fact that it is not a complete list. • Each case has to be decided on its specific facts and merits
  • 16. NATIONAL MEDICAL COMMISSION • Passed in Lok Sabha in July 29, 2019 • NMC came into force from September 25, 2020 • Consists of 33 members • A chairperson –a medical professional • 10 ex officio members • 22 part time members (law, research, public representatives)
  • 17. National medical commission • Chairman –Dr Suresh Chandra Sharma (former HOD, ENT, AIIMS) for 3 years • Secretary –Dr Rakesh Kumar Vats (former secretory of board of governors of IMC) for 3 years
  • 18. • Registered medical practitioner may be known as • ‘Graduate medical practitioner’
  • 19. • Ensuring compliance by SMC with the regulations made under the bill • Framing guidelines for determining the fee for up to 50% seats in Private medical Colleges Functions of NMC
  • 20. Regulatory boards under NMC • 4 autonomous boards 1. The Under Graduate Medical Education Board (UGMEB) 2. Post Graduate Medical Education Board (PGMEB) 3. The Medical Assessment and Rating Board (MARB) licensing new institutions, maintenance of standards 4. The Ethics and Medical Registration Board misconduct
  • 21. • Community Health Providers • WHO standard Doctor : Population ratio = 1:1000 • India in Jan 2018 Doctor : Population ratio = 1: 1655 • This gap is to be filled by Community health providers who are licensed mid level medical practitioners provided by NMC • They prescribe specific medicines in Primary and Preventive health care • Uniform NEET(National Eligibility cum Entrance Test) • National Exit Test • Common final year undergraduate exam for students graduating from medical institutions • To obtain license for practice • Serve as the basis for admission to postgraduate courses
  • 22. State Medical Council • Constituted by • Medical teachers • Registered medical practitioners • State government nominees Functions Medical register Disciplinary control
  • 23. Judicial Proceedings in SMC Conviction in court/ public complaint/ official complaint Registrar President Sub/ executive committee Doctor summoned Hearing and enquiry Disciplinary committee Vote and judgment Acquital Warning Temporary removal Permanent erasure
  • 24. PROFESSIONAL MISCONDUCT / INFAMOUS CONDUCT Act of a medical man in the pursuit of his profession, with regard to which it would be reasonably regarded as Disgraceful or dishonourable by his professional brethren of Good repute & Competence.
  • 25. 6 ‘A’s • Abortion • Addiction • Adultery • Advertising • Association • Conviction by court of law • Refusing treatment on religious grounds • Sex determination tests • Dichotomy – splitting of fee • Touting -selling • Issuing false certificates • Schedule H and L drugs • Clinical trials without consent
  • 27. PENAL ERASURE / PROFESSIONAL DEATH SENTENCE • Serious professional misconduct name is removed from the register temporarily/ permanently • Permanent removal of name from the medical register PENAL ERASURE • Death of practitioner • Entries made in error • Professional misconduct • Not traceable in his address
  • 28. RIGHTS & PRIVILEGES OF RMP • Choose the patient • Use title &description of qualification • Appointment in public & local hospital • Prescribe & dispense medicine
  • 29. •Realize fee &expenses •Issue medical certificates &ml reports •Give evidence in a court of law •Removal of organ for transplantation •Perform MTP
  • 30. Duties of medical practitioner • 1.To uphold dignity of honour of profession • 2.To exercise reasonable degree of skill and knowledge • 3.With regard to attendance and examination • 4.To furnish proper and suitable medicines
  • 31. • 5.To give instructions • 6.To control and warn • 7.To third parties • 8.Towards children and adults incapable of taking care of themselves
  • 32. • 9.Inform patients of risks • 10. With regards to poison • 11.To notify certain diseases • 12. With regards to operations • 13. With regards to consultations • 14. In connection with X-ray examination • 15. Professional secrecy • 16. Previleged communication
  • 33. PROFESSIONAL SECRECY • Doctor is obliged to keep as secrets all that he comes to know about his patient during treatment • Implied term of contract • Disclosure without genuine reasons professional misconduct
  • 34. PRIVILEGED COMMUNICATION • Doctor can reveal certain information about a patient to protect the interest of public or state. • Better to get the consent of the patient
  • 35. • 1.Veneral diseases spouse • 2.Infectious diseases hostel • 3.Notifiable diseases COVID 19 • 4. In patients interest • 5. Suspected crime criminal case • 6. Courts of Law offences • 7. Insurance reports
  • 36. Duties of a patient • Furnish the doctor with complete past medical history, family history of diseases and the facts and circumstances related to the disease • He should strictly adhere to the instructions of the doctor with regard to diet, medicines, life style changes • He should pay reasonable fee to the doctor
  • 37. Privileges and Rights of patients Choice Access Dignity Privacy Confidentiality Information Safety Right to know Right to refuse Second opinion Records Continuity Comfort Complaint Compensation