Medical jurisprudence, identification Flashcards
(118 cards)
Parts of MCI act
The MCI act 1956 has three schedules
- Doctors from India
- Doctors outside India
- Two parts: those not included in schedule 1 and those not included in schedule 2
Functions of MCI
- Medical education
- Medical register
- Disciplinary control
- Qualification exam for FMG for their recognition
- Appellate tribunal
Members of IMC
Number of members elected from various states and universities of India, and some members nominated by the government of India
They hold office for 5 years
They elect a President and Vice President among themselves
They appoint a Registrar and a Secretary four day to day functioning
Functions of SMC State medical Council
- Medical register
- Disciplinary control
- Warning notice
Functions of the SMC with respect to infamous conduct or serious professional misconduct
The SMC can:
- Issue a warning notice
- penal erasure or professional death sentence (erasure of name of the doctor from the medical register) which has to be confirmed by the MCI and can be appealed to the health ministry
Making of a false document by a doctor is punishable
197 IPC
Examples of professional misconduct
A. Alcoholism addiction adultery abortion advertisement association B. Bribe C. Covering D. Dichotomy F. False document (197 IPC)
Examples of privileged communication
C. Crime-police/ magistrate 39 CRPC I. Infectious disease relative V. veneral disease I. interest of patient-eg.,suicide C. court of law S. Servant life endangering I. Interest of self N. negligence notifiable disease
Therapeutic privilege
Exception to full disclosure
Example suicidal tendencies
COPRA act is of which year
Consumer protection act of 1986
Compensation for various redressal forums
District level: 20 lakh
State level: 20 lakh-one crore
National level: more than one crore
Only paid patients get compensation
351 IPC
Examining a patient without consent
Negligence comes under the IPC section
336: life in danger
337: simple hurt
338: grievous hurt
Abortion with consent of mother comes under the IPC
312 IPC
Burden of proof in cases of civil negligence falls on
The punishment in these cases is
The patient
The punishment is only money as a compensation unlike criminal negligence where 304A IPC is also considered
Res ipsa loquitor
Cases which speaks for itself and proves negligence by doctor
No contributory evidence is required
It is applicable for both civil and criminal negligence
Novus actus intervieniences
Cases where both the doctor and the accused are responsible for the death of the patient or victim
Res judicata
In civil negligence the same case cannot be discussed twice in the same court
Res indicata
The patient can file a negligence case within only two years of the incident
Defenses for the doctor against medical negligence case if civil
- Informed consent
- Res indicata
- Res judicata
- Therapeutic misadventure
- Contributory negligence and corporate negligence
- Error of judgement
- Products liability
- Calculated risk doctrine
- Vicarious liability
Exceptions of contributory negligence
- Last clear chance doctrine:
If doctor misses the last chance to inform the patient - Avoidable consequence doctrine
Patient not following doctors instructions adequately leading to damage. Patient is held more responsible
Vicarious liability
Respondent superior
Let the master answer
Employer is responsible for negligence by the employee
Only applicable in civil cases involving monetary compensation.
Common drugs used for active euthanasia
- Phenobarbitone
- Thiopentone
- Insulin
- Opium
- KCl
Euthanasia in India
In India, only passive euthanasia is legalised (first in Maharashtra in 2015)
It can be conducted with the permission of Supreme Court(by a panel of doctors)