Medical law
-
Upload
avinash-bhondwe -
Category
Education
-
view
973 -
download
0
description
Transcript of Medical law
![Page 1: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/1.jpg)
Medico legal Aspects of General Practice
M.D.,D.G.O.,F.I.C.O.G.,L.L.B.
![Page 2: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/2.jpg)
Who is General Practitioner ?
General Practitioner is a Graduate of one of the faculties of medicine like allopathy, homeopathy, ayurvedic etc. & having registered in respective council.Usually he is capable of treating paediatric to geriatic patients of either sex of any age. As he is treating every member of a family , he is better known as family physician
GUPTE HOSPITAL
![Page 3: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/3.jpg)
Degree & Knowledge
• The G.P. should not practice other branch
of medicine as per the law of the land it
may be held as negligence per-se .
• Secondly, ignorance is no defence & a
G.P. should have reasonable knowledge in
relation to time place.
GUPTE HOSPITAL
![Page 4: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/4.jpg)
Consent
The G. P.is treating all family members & it is presumed that implied consent of the guardian is always there as far as the minor members are concerned. It is limited & the limit should not be crossed
GUPTE HOSPITAL
![Page 5: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/5.jpg)
Home Visit
Is he bound to honour every call for home visit?
No but if the patient is under his treatment & unable to move then perhaps yes. All principles of negligence do apply here also
GUPTE HOSPITAL
![Page 6: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/6.jpg)
Can he refuse to treat the patient?
a) When he is not well.
b) Busy with other case.
c) Consent refused by the patient.
d) Treatment refused by the patient.
e) Odd hours.GUPTE HOSPITAL
![Page 7: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/7.jpg)
Not to refuse treatment in life saving emergencies.
(P.Katara v Union of India. Air (1989) Sc 2039)
Emergency treatment
GUPTE HOSPITAL
![Page 8: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/8.jpg)
A patient had cough , weight loss & haemoptysis-treated as bonchitis by his G.P. for quite a long time –worsened- patient consulted a specialist- diagnosed T.B. Expert testified that when there was haemoptysis, T.B. could not be ruled out without further investigations – held liable
Connoly v Rubra .(1937 ) 1 Lancet 1005.
GUPTE HOSPITAL
![Page 9: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/9.jpg)
Sadler v Henry.(1954)1BMJ 1331
A 26 yr. Old patient had cold & earache- G.P. examined with aurioscope found no perforation- prescribed medicines & drops next day, developed headache, vomiting & sounds in a ear- re-examined ear & found better-third day patient was worried but no clinical findings- diagnosed hysteria- died.
Cont..
GUPTE HOSPITAL
![Page 10: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/10.jpg)
In P.M. found meningitis with suppurative otitis media. It was held that no signs or symptoms which could reasonably have led doctor to suspect meningitis- diagnosis of hysteria was a mistake, but one which others might have made – failed in difficult circumstances which only P.M. could disclose- not negligent.
![Page 11: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/11.jpg)
Allergy
Medical Negligence – Treatment - Deceased Asthma patient, allergic to penicillin administered inspite of objection - Basic Precautions not observed by O.P. – Test dose proved fatal to patient allergic to penicillin –Deficiency in service proved – Complaint allowed by Forum – Order upheld in appeal .
Cherian (Dr.) v.Fatima MaryJanuary 2006
![Page 12: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/12.jpg)
Investigation
Poonam Verma v Dr. Ashwin Patel. 1996(1) CCC 418.SC.
A doctor pleaded that he had advised the investigations & patient did not go for that . It was observed that ‘ We can not ignore that usual practice of almost all the doctors that when they want pathological (or other) tests to be done
Cont..
GUPTE HOSPITAL
![Page 13: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/13.jpg)
they advice in writing on the prescription. Admittedly, the doctor had not done so in writing. He says that he had advised it orally.. This cannot be believed as this statement is contrary to the usual code of conduct of medical practitioner
![Page 14: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/14.jpg)
Prescription
1) Case of Flutamide
2) Case of Lasix
![Page 15: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/15.jpg)
Knowledge
1 Case of Pavulon Injection
2. Case of Amicacin
![Page 16: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/16.jpg)
Referral
1) Case of Jaundice
2) Case of Pediatrician
![Page 17: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/17.jpg)
Injections
1)Abscess
2)Needle Breakage
3)Paralysis
4)Reaction
![Page 18: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/18.jpg)
Medical Negligence - Treatment - Alleged , vision lost due to medicine reaction – Allegation not supported by documentary or expert evidence - Illness of child was due to insufficient and deficiency of vitamin A and not on account of medicine Reaction, proved - Complaint dismissed.
Mangalsinh Ratansinh Gohil v. Kanubhai Joshi (Dr.)January 2006
![Page 19: Medical law](https://reader033.fdocuments.in/reader033/viewer/2022061103/540ebed68d7f72767e8b4fb7/html5/thumbnails/19.jpg)