Medical Jurisprudence
MEDICAL JURISPRUDENCE
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Introduction
·
In general
o Medical (Medicine)
o Juris (Law)
o Prudentia (Knowledge)
·
Hence, the Medical Jurisprudence can be
defined as the knowledge of Law in relation
o To practice of medicine
§ Doctor - Patient relationship
§ Doctor – Doctor relationship
§ Doctor – State relationship
o With legal consequences
§ Affidavit, Crime & Complaint
§ Deposition, Document & Evidence
§ Fact, Hurt & Injury
§ Oath, Testimony & Summons
Ethical
Aspects of Medical Practice
·
Ethics:- Manner
and habit of man relates to understanding of moral principles
·
Medical Etiquette:- Sense
of Courtesy and mutual relationship between members of Medical Profession
·
Qualified & Registered Medical Practitioner (RMP)
o
Realise his responsibility to the society
o Allowed to use knife on the body & toxic
medicines on his patient
Duties
and Rights of a RMP & Patients
·
Duties of a RMP
o
Not to criticize colleague
o
Never take extra fees
o
Always help
o
Duties with regards to consultation
o
Notify certain diseases
o
Uniform vital events
o
Regarding MLCs
·
Duties of a Patient
o
Gives all information related to health
o
Follow doctors instruction
o
Should pay fee
o
Have faith in doctor
o
Not contribute to medical negligence
o
Cooperate in treatment schedules &
investigations
·
Rights of a RMP
o
Right
§ To practice medicine
§ To choose patients
§ To prescribe medicines
§ To add professional titles
§ To perform surgical operations
§ To issue certificate
§ To give evidence as an expert
·
Rights of a Patient
o
Right
§ To choose doctor
§ To access healthcare facilities
§ To be treated with dignity, care & respect
§ To have confidentiality
§ To seek second opinion
§ To receive full information about his diagnosis
§ To demand for medical record
§ To complain
Legal
Aspects of Medical Practice
·
Bio Medical Waste Rules 1998
·
Consumer Protection Act 1986
·
Drugs & Cosmetic Act 1940
·
ESI Act 1948
·
Indian Medical Council Act 1916
·
Maternity Benefit Act 1961
·
MTP Act 1971
·
PNTD Act 1994
Doctor
and Medical Records
·
Medical Record Needed for Patients for
o
Medical negligence cases
o
Life insurance policy
o
Proof of disability
o
MLC
o
Traffic Accidents
·
Medical Record Needed for Doctors for
o
Medical research
o
Cost accounting
o
Evaluation of drug therapy
o
Legal purpose
o
Hospital Audit
·
Components of a Medical Record
o
OPD cards
o
IPD cards
o
Diagnosis details
o
Treatment record
o
X-Ray
o
USG
o
MRI
o
Discharge summary
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