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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

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Medicolegal aspects of practice

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  1. 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

  2. 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

  3. 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

  4. 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

  5. Dr Nikhil D. Datar

  6. Death Certificate:To Be(given) Or Not To Be(given)!! Dr Nikhil D. Datar

  7. 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

  8. A doctor can give DC: If he knows the cause of death And not otherwise Dr Nikhil D. Datar

  9. Inform the police: • When cause of death is not known • When cause of death is known but…………. Dr Nikhil D. Datar

  10. 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

  11. 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

  12. 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

  13. Interaction with the Police • Informing the police • Police “Panchnama” • Handing over the papers Dr Nikhil D. Datar

  14. Arrest of a doctor • PM report • Opinion of police surgeon • Discretion of the IO Dr Nikhil D. Datar

  15. Emergency care • Paramanand Katara • Parwatkumar “Consideration can wait ….” - National commission Dr Nikhil D. Datar

  16. Problems: • Poor infrastructure • Lack of multispeciality • Poor transport services • Poor support from public and police Dr Nikhil D. Datar

  17. Cross pathy: Dr Nikhil D. Datar

  18. MTP Act & PCPNDT Act Dr Nikhil D. Datar

  19. Every right has a corresponding duty..This is so true ….For doctors …but not for the patients! Dr Nikhil D. Datar

  20. Dr Nikhil D. Datar Thank You

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