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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

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medicolegal aspects of practice

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

why are we at gun point
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

slide3
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
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

death certificate
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
A doctor can give DC:

If he knows the cause of death

And

not otherwise

Dr Nikhil D. Datar

inform the police
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
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 police11
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

slide12

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
Interaction with the Police
  • Informing the police
  • Police “Panchnama”
  • Handing over the papers

Dr Nikhil D. Datar

arrest of a doctor
Arrest of a doctor
  • PM report
  • Opinion of police surgeon
  • Discretion of the IO

Dr Nikhil D. Datar

emergency care
Emergency care
  • Paramanand Katara
  • Parwatkumar

“Consideration can wait ….”

- National commission

Dr Nikhil D. Datar

problems
Problems:
  • Poor infrastructure
  • Lack of multispeciality
  • Poor transport services
  • Poor support from public and police

Dr Nikhil D. Datar

cross pathy
Cross pathy:

Dr Nikhil D. Datar

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

Dr Nikhil D. Datar