E M Laws in India. Dr.L.R.Murmu MBBS, MS ( surgery ) [ AIIMS ] LLB, LLM [ University of Delhi ] Additional Professor Surgery, Casualty & Emergency Services, All-India Institute of Medical Sciences, New Delhi. Federal System of Government.
MBBS, MS ( surgery ) [ AIIMS ]
LLB, LLM [ University of Delhi ]
Additional Professor Surgery,
Casualty & Emergency Services,
All-India Institute of Medical Sciences,
It is a case of injury or ailment etc, where attending
doctor after taking history and doing clinical
examination of the patient thinks that some
investigations by law enforcing agencies are
essential so as to fix responsibility regarding the
said injury or ailment etc,. according to law.
Nothing is an offence by reason of any harm which it may
cause to a person for whose benefit it is done in good faith,
even without that person’s consent, if the circumstances are such that it is impossible for that person to signify
consent, or if that person is incapable of giving consent,
and has no guardian or other person in lawful charge of
him from whom it is possible to obtain consent in time for
the thing to be done with benefit.
Evidence on the person of the patient need to be preserved under sealed cover and handed over to the police
“A medical certificate can be defined as a
documentary evidence vouching for the
truth and correctness of a fact as ascertained
by the medical professional issuing such a
document at that moment of time”.
A dying declaration or statement made by the person on the verge of
death as to the cause of his death or as to any of the circumstances
of the transaction which resulted in his death, such a statement, oral
or in writing, made by the deceased to the witness is a relevant fact
and is admissible in evidence.
Provided it has been made by the deceased while in a fit mental condition.
Supreme court of India ruled who all are covered under the Act and held as follows :
No person shall be deprived of his life or personal
liberty except according to procedure established by
1. Whenever any medico-legal case attends the hospital, the medical officer on duty should inform the duty constable, name, age, sex of the patient and place and time of occurrence of the incident, and should start the required treatment of the patient. It will be the duty of the constable on duty to inform the concerned police station or higher police functionaries for further action. Full medical report should be prepared and given to the police, as soon as examination and treatment of the patient is over. The treatment of patient would not wait for the arrival the police or completing the legal formalities
2. Zonalisation as has been worked out for the hospitals to deal with medico-legal case will only apply to those cases brought by the police. The medico-legal cases coming to hospital on their own (even if the incident has occurred in the zone of other hospital) will not be denied the treatment by the hospital where the case reports, nor the case will be referred to other hospital because the incident has occurred in the area, which belongs to the zone of any other hospital. Same police formalities as given in para-1 above will be followed in these cases.
3. All government hospitals, medical institutes should be asked to provide the immediate medical aid to all the cases irrespective of the fact whether they are medico legal cases or otherwise. The practice of certain Government institution to refuse even the primary medical aid to the patient and referring them to other hospitals simply because they are medico legal cases is not desirable. However after providing the primary medical aid to the patient, patient can be referred to other hospital if the expertise facilities required for the treatment are not available in the institution.
13 (MCI Code). The patient must not be neglected: A physician is free to choose whom he will serve. He should, however, respond any request for his assistance in an emergency or whenever temperate public opinion expects the services. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving notice to patients, his relative or his responsible friends sufficiently long in advance of his withdrawal to allow them to secure another medical attendant. No provisionally or fully registered practitioner shall willfully commits an act of Negligence that may deprive his patient or patients from necessary medical care.
Article 141 Law declared by Supreme Court to be binding on all courtsThe law declared by the Supreme Court shall be binding on all courts within the territory of India
The Act brought legal terms and responsibilities
to Inter-hospital transfer.
The transferring facility does not have the capability to
stabilize the patient and the benefits outweigh the risk
The patient requests for transfer.
“Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21.”(Para 10)