LEGAL ISSUES IN MEDICAL PRACTICE Medicolegal Guidelines for Safe Practice
LEGAL ISSUES IN MEDICAL PRACTICE Medicolegal Guidelines for Safe Practice
Second Edition
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Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice / VP Singh
First Edition: 2016
Second Edition: 2020
9789389776058
Printed at
All those who strongly feel that Medicolegal awareness is a must for all involved in patient care and to all the Medical Practitioners who want to practice their professional skills conscientiously and fearlessly and are ambitious to promote quality in healthcare
Editors
- VP Singh MD (Forensic Medicine) LLB
- Professor
- Department of Forensic Medicine
- Dayanand Medical College and Hospital
- Ludhiana, Punjab, India
Contributing Authors
- Ajay Kumar MD (Forensic Medicine)
- Associate Professor
- Department of Forensic Medicine and Toxicology
- Government Medical College and Hospital
- Chandigarh, India
- Akashdeep Aggarwal
- MD (Forensic Medicine)
- Associate Professor
- Department of Forensic Medicine and Toxicology
- Government Medical College
- Patiala, Punjab, India
- Amandeep Singh
- MD (Ophthalmology)
- Consultant
- Department of Ophthalmology
- Amandeep Eye Hospital
- Kharar, Punjab, India
- Amrita Ghosh MBBS
- MD (Biochemistry) MSc (Medical Biochemistry)
- Faculty (Demonstrator)
- Medical College
- Kolkata, West Bengal, India
- Archana Kumari MS
- Assistant Professor
- Department of Obstetrics and Gynaecology
- All India Institute of Medical Sciences
- New Delhi, India
- Arun Mavaji Seetharam
- MD (Hospital Administration)
- Assistant Professor
- Department of Hospital Administration
- Kasturba Medical College and Hospital
- Manipal, Karnataka, India
- Arvind Kumar Singh
- MD (Anesthesiology) LLB
- Senior Advisor (Anesthesiology)
- Director
- MS PS IHQ
- Ministry of Defence (Army)
- Director General Medical Services (DGMS) (Army)
- New Delhi, India
- Chandrashekhar A Sohoni
- DNB (Radiodiagnosis)
- Consultant
- Department of Radiology
- NM Medical
- Pune, Maharashtra, India
- Charu Mittal MD DNB
- Consultant
- Department of Obstetrics and Gynecology
- Sahara Multispeciality Hospital
- Gwalior, Madhya Pradesh, India
- Ex-Assistant Professor
- Baroda Medical College
- Vadodara, Gujarat, India
- Christopher Barry MD PhD FACS
- Advisory Board Member
- Mohan Foundation
- (NGO to Promote Organ Donation)
- Chennai, Tamil Nadu, India
- Dasari Harish MD (Forensic Medicine)
- Professor and Head
- Department of Forensic Medicine and Toxicology
- Government Medical College and Hospital
- Chandigarh, India
- Debashis Sinha BA LLB
- Advocate
- Honourable High Court at Calcutta and Counsel
- Honourable Supreme Court of India
- Kolkata, West Bengal, India
- Dinesh Verma MD (Ophthalmology) DO (Lond) FRCS (Edin) FRCOphth (UK)
- Founder President, i4vision Diagnostics Pvt Ltd
- New Delhi, India
- Visiting Professor, Doheny Eye Institute
- University of Southern California
- Los Angeles, USA
- Medical Director, Netcare Healthcare
- London, UK
- Gautam Biswas MD (Forensic Medicine)
- Professor and Head
- Department of Forensic Medicine and Toxicology
- Dayanand Medical College and Hospital
- Ludhiana, Punjab, India
- Hemal Kanvinde MSc PhD
- Quality Assurance Officer
- Mohan Foundation
- (NGO to Promote Organ Donation)
- Chennai, Tamil Nadu, India
- Joseph Thomas MS MCh (Urology) DNB MNAMS FRCS PGMLE PGDBE
- Professor, Department of Urology
- Kasturba Medical College and Hospital
- Manipal, Karnataka, India
- Krishnadutt H Chavali MBBS MD DNB PGDHA MNAMS FIMSA
- Professor and Head
- Forensic Medicine and Toxicology
- AIIMS
- Raipur, Chhattisgarh, India
- Lakesh Anand MD FIMSA FCCS MAMS FCCP
- Professor
- Department of Anesthesiology and Intensive Care
- Government Medical College and Hospital
- Chandigarh, India
- Manpreet Singh MD FACEE FCCP FIMSA FCCS MAMS
- Assistant Professor
- Department of Anesthesiology and Intensive Care
- Government Medical College and Hospital
- Chandigarh, India
- Manu Shankar MS DNB (Surgery) FNB (Minimal Access Surgery)
- FIAGES FICS
- Senior Consultant
- Department of Minimal Access and General Surgery
- Fortis Escorts Hospital
- NIT, Faridabad, Haryana, India
- MC Gupta MD (Medicine) MPH LLM
- Advocate and Medicolegal Consultant Member
- Supreme Court Bar Association
- New Delhi, India
- Mukesh Yadav MD MBA (HCA) LLB PGDHOQM PGDHR
- Professor and Head
- Department of Forensic Medicine and Toxicology
- Rama Medical College
- Hapur, Uttar Pradesh, India
- Pardeep Singh MD (Forensic Medicine)
- Professor and Head
- Department of Forensic Medicine and Toxicology
- Gold Field Institute of Medical Sciences and Research
- Faridabad, Haryana, India
- Parmod Goyal MD (Forensic Medicine)
- Professor and Head
- Department of Forensic Medicine
- Adesh Institute of Medical Sciences and Research
- Bathinda, Punjab, India
- Piyush Ranjan MD
- Additional Professor
- Department of Medicine
- All India Institute of Medical Sciences
- New Delhi, India
- PS Mittal MD
- Consultant
- Department of Obstetrics and Gynecology
- Sahara Multispeciality Hospital
- Gwalior, Madhya Pradesh, India
- Ex-Assistant Professor
- Baroda Medical College
- Vadodara, Gujarat, India
- Pradeep Sreevastava MHA (AIIMS) DHA MBA
- Brigadier Incharge Administration (Brig IC Adm)
- Army Medical Corps (AMC)
- Centre and College
- Lucknow, Uttar Pradesh, India
- VJ Purushotham MBBS D'Ortho MS Ortho
- Professor of Orthopaedics
- Bangalore Medical College and Research Institute
- Bengaluru, Karnataka, India
- Rahul S Kamble MBBS MD
- Consultant Microbiologist And Infection Control Officer
- Lilavati Hospital And Research Centre
- Mumbai, Maharashtra, India
- Rajendra S Bangal MD DNB (Forensic Medicine) LLB PGDLPO
- Professor and Head
- Department of Forensic Medicine and Toxicology
- Smt Kashibai Navale Medical College and General Hospital
- Pune, Maharashtra, India
- Rajesh K Sinha PhD
- Deputy Director and Professor
- Amity Medical School
- Amity Education Valley
- Amity University Haryana
- Manesar, Haryana, India
- Ranabir Pal MD PhD MBBS (Honours) DCH MBA FAIMER FELLOW MNAMS MNASc
- Professor and Chair (Head)
- Department of Community Medicine
- MGM Medical College and Hospital
- Kishanganj, Bihar, India
- Rashmi Datta MD (Anesthesiology and Critical Care) DNB (General Medicine) DNB (Aviation Medicine)
- Consultant and Head
- Department of Anesthesiology and Critical Care Base Hospital, Delhi Cantonment and
- Army College of Medical
- Sciences
- New Delhi, India
- Sameer Mehta Post Graduate Diploma (Hospital Management)
- Director
- Hosmac India Private Limited
- Mumbai, Maharashtra, India
- Shilpa Pharande MDS (Orthodontics and Dentofacial Orthopedics) PGDMLS PGDHM
- Member
- World Association for Medical Law, Belgium
- Consultant (Dentist)
- Pharande Multispeciality Dental Clinic
- Pune, Maharashtra, India
- Shrayan Pal MBBS (Hons) PGT JR2 MD (Dermatology, Venereology and Leprosy)
- Post Graduate Trainee (PGT JR2)
- Department of Dermatology, Venereology and Leprosy
- MGM Medical College and Hospital
- Kishanganj, Bihar, India
- Sujatha Niranjan MSW
- Manager
- Department of Information Systems
- Mohan Foundation
- (NGO to Promote Organ Donation)
- Chennai, Tamil Nadu, India
- Sumana Navin MBBS PGD Hospital Management
- Course Director
- Mohan Foundation
- (NGO to Promote Organ Donation)
- Chennai, Tamil Nadu, India
- Sundeep Mishra MBBS MD DM
- FACC FSCAI
- Professor
- Department of Cardiology
- All India Institute of Medical Science (AIIMS)
- New Delhi, India
- Sunil Shroff MS FRCS (G)
- DURO (London)
- Managing Trustee
- Mohan Foundation
- (NGO to Promote Organ Donation)
- Professor
- Department of Urology
- Sri Ramachandra Medical College and Research Institute
- Chennai, Tamil Nadu, India
- Swapnil S Agarwal MD DNB MNAMS
- Professor
- Department of Forensic Medicine and Toxicology
- Pramukhswami Medical College and Shree Krishna Hospital
- Gujarat, India
- Utsav Parekh MD
- Associate Professor
- Department of Forensic Medicine and Toxicology
- Pramukhswami Medical College and Shri Krishna Hospital
- Gujarat, India
- VP Singh MD (Forensic Medicine) LLB
- Professor
- Department of Forensic Medicine
- Dayanand Medical College
- Ludhiana, Punjab, India
- Vivekanshu Verma MD (Forensic Medicine)
- Senior Resident and Fellow
- Emergency Medicine
- Medicolegal Advisor
- Medanta–The Medicity
- Gurugram, Haryana, India
- Yogesh Dave MD DPED DCS PGDHHM PGDMLS CFN QM-AHO Tele Health Diploma Naco Specialist in Children MBA (HRM)
- Editorial Board Member
- Indian Journal of Pediatrics Education and Research, Bhavsinhji District Hospital
- Porbandar, Gujarat, India
Dr SM Kantikar MD (Path) LLB PGDMLE Member National Consumer Disputes Redressal Commission, New Delhi | Upbhokta Nyay Bhawan F-Block, General Pool Office Complex INA, New Delhi-110023 Tel/Fax: 011-24608811, 24651505 Mobile: 9999110833 E-mail: smkantikar@gmail.com |
It is my great pleasure to go through this authoritative treatise on medicolegal issues commonly encountered by the doctors in their day-to-day clinical practice.
Doctors are known to use their skills to solace the sufferings of their patients; but, sometimes, they are unable to do the full justice and become liable to face medicolegal conflicts on account of medical mistakes. Currently, doctors as well as healthcare establishments are facing numerous litigations related to medical malpractice. The doctors must understand that ignorance of law is no excuse, and medicolegal awareness is extremely important.
Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice has presented essential medicolegal information that can be used as guidelines for safe clinical practice. Chapters on various medicolegal issues are written by the specialists who are well experienced in clinical as well as medicolegal domains. Most of the pertinent issues such as medical ethics, informed consent, medical documentation, medical negligence, and various laws applicable to the medical professionals have been elaborated in the book. A separate section on medicolegal issues related to various specialties has presented practice management strategies for safe clinical practice.
VP Singh has used his academic and research experience to edit the detailed views of the authors and presented a reliable medicolegal book with a problem-solving approach. The guiding principles recommended in the book are well supported by relevant judgments from Indian Courts. I am sure that medical fraternity would find the book very handy allaying their unfolded fears about legal implications and more particularly Consumer Protection Act.
SM Kantikar MD LLB
Member
National Consumer Disputes
Redressal Commission
New Delhi, India
Endorsements
Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice is a valuable gift to Indian doctors to help them practice confidently without fear of medicolegal problems. The valuable tips doled out, bring in the impeccable knowledge and vast practical experience of the authors and editorial team. Dr VP Singh, an authority in medical law, as Editor of the book has ensured that it remains useful in day-to-day practice. This book is a must-have for all doctors today.
Shri Mahendrakumar Bajpai, Advocate, Supreme Court of India
Hon Director, Institute of Medicine and Law, Mumbai, Maharashtra, India
Editor, Medical Law Cases—For Doctors (www.mlcd.in)
Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice provides valuable tips and information on various medicolegal aspects involved in day-to-day practice. It gives facets of medical laws, ethical aspects of dealing with patients as well as ways to exercise abundant caution while dealing with patients.
Dr Suganthi Iyer MBBS DHA LLB PGDMLE PDCR
Assistant Director (Legal and Medical Services)
Hinduja Hospital, Mahim, Mumbai, Maharashtra, India
Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice is well-written and contains useful information on medicolegal issues, which have become very relevant today. I recommend this book to all medical practitioners, for empowering themselves for difficult situations.
Dr PK Kohli MBBS MS MNAMS PhD LLB PGDMLS PGDHHM
Senior Surgeon and Medicolegal Expert, Editor
Indian Journal of Healthcare Quality and Management
Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice deals with the medicolegal and complex ethical issues encountered by clinicians during their day-to-day practice. I firmly believe that the book will promote the good medical practice leading to patient- centred approach. In nutshell, this book is a must read for every healthcare professional who is ambitious to deliver high standards of care for patients.
Dr Arvind Arora MBBS MRCP (UK)
Consultant Medical Oncologist
Nottingham University and Hospitals
NHS Trust, Nottingham, UK
Preface to the Second Edition
Today, medicine has become a prevailing and complex part of our society. The patient–doctor relationship has become more formal and structured. Doctors are no longer regarded as infallible, and are exposed to more liabilities and restrains, than privileges. However, in spite of all the vicissitudes, the practice of medicine is capable of healing the ailing mankind, provided it is practiced with due care, sincerity, and efficiency. Anyone who practices medicine must be aware that there are unique ethical and legal issues which evolved relative to the recent time. Medical laws have emerged as a vast specialization that regulates the practice of medicine. As law evolves with time, we need to understand and follow the medicolegal principles applicable in the practice of medicine. Providing best possible care is not enough. Even the best care provided will be considered inadequate, if the applicable legal principles are not followed. As law is never static, physicians must learn, unlearn, and relearn the up-to-date medicolegal principles.
For a busy clinician, this book is a handy guidance for effective management of medicolegal conflicts confronted in day-to-day clinical practice. In this book distinguished subject experts have provided the evidence-based guiding principles to tackle with such issues. I hope medical practitioners will find this book very useful in their practice.
In the 4 years since the first edition of this book was published, I have received numerous messages from readers discussing various aspects of the book. I have also built up ideas based on my experiences in reading, writing, and editing. With the aid of all this information all chapters have been thoroughly revised and updated. The most obvious change in the current edition is addition of six new chapters.
New chapters added:
- Medicolegal Aspects of Discharge against Medical Advice
- Violence against Doctors and Hospitals
- Patient Safety and Risk Management in Healthcare
- Healthcare Associated Infections: A Preventable Threat to Patient Safety
- Communication Skills in Healthcare: A Tool to ensure Patient Satisfaction
- Documentation in Healthcare: Standards and Guidelines
I express my gratitude to all the contributors and to the publisher for their support. I am also grateful to all our readers for placing their reliance on us and for sharing our optimism. Feedback and suggestions from the esteemed readers are welcome.
VP Singh
MD (Forensic Medicine) LLB
Preface to the First Edition
“The illiterate of 21st century will not be those who cannot read and write, but those who cannot learn, unlearn and relearn”
—Alvin Toffler
In the modern world of consumerism, the status of a physician has changed from savior to service provider. The privilege of being a physician has bestowed more liabilities than immunity. Providing best possible care to the patient is not enough. Physicians must regain the faith of their patients, without whom they could never transform from a disciple to a master of the noble medical profession.
Medical laws have emerged as a vast specialization that regulates the practice of medicine. A physician, ignorant toward the medical laws is an illiterate in the eyes of law, though he may be the master in his profession. Quality healthcare is incomplete without adapting to the legal principles. A physician must always be willing to learn, unlearn and relearn.
For a busy medical practitioner, who finds legal language to be perplexing, Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice is a humble presentation of the medicolegal principles in a lucid and easily understandable language. The book has thoroughly discussed all essential medicolegal issues and has provided the evidence-based guiding principles to tackle the actual medicolegal issues. This authoritative treatise is written by 38 distinguished experts who are authorities in their fields of specialization. I am confident that medical practitioners will find this book useful to prevent as well as solve the medicolegal conflicts.
I express my gratitude to all the authors and to the publisher for their cooperation. I am also grateful to all our readers for placing their reliance on us and for sharing our optimism. Feedback and suggestions from the esteemed readers is welcome, and will be a boon to further improve the quality of this treatise.
VP Singh