Manual of Forensic Medicine for Doctors, Police Officers, Lawyers and Nurses Shashidhar C Mestri
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Handling Medicolegal CasesCHAPTER 1

  1. When should a case be made medicolegal?
Making MLC is to enter in Accident register and inform police. It is the duty of every citizen as per 39 Cr. PC and 134 of MVA to give information. If intentionally omits to inform (Punishable under 176 IPC). Cases in the following situations can be made medicolegal:
  1. Accident
    1. Traffic
    2. Fall, etc.
  2. Assault
  3. Poisoning
  4. Patient brought in a gasping condition and the doctor fails to diagnose.
  5. Someone brought dead to the hospital
  6. Someone with suspicious history
  7. A snakebite
  8. A dogbite victim if patient wants to file case against the owner of the dog.
  9. Sexual offences, sexual perversions, etc.
  1. When should a case be treated as non-medicolegal?
Under the following conditions a case may be treated as non-medicolegal:
  1. If a clear-cut diagnosis is made and no foul play is suspected.
  2. If the ward doctor after admission from casualty as a medicolegal case diagnoses the case to have natural disease.
  1. Can you hand over the case sheet and other hospital records to police?
A doctor can hand over the records to the concerned police in case they are essential for investigation, they can be deposited in the court 2too. The doctor must obtain the acknowledgement after handing over the documents. (91 Cr PC and 76 IEA)
  1. Can a private doctor handle medicolegal cases?
Yes, but many refuse for fear of police enquiry and repeated summons from court which hamper their routine work.
  1. Can a doctor treat without adequate qualifications?
No, the doctor must restrict to his field in which he is expert except in emergencies wherein the doctor can treat a patient without special qualifications in the interest of the patient. For example, MBBS doctor can do tracheostomy in emergency with the sole interest of saving the life of patient.
  1. When opinions differ between two experts (for example, a radiologist and an orthopedician) on whose opinion the casualty medical officer should issue certificate?
The doctor must seek clarification in writing from both and then issue certificate after clearing the doubts. If both stick to their opinion then mention both the opinions in the certificate, later to be analyzed and accepted by the court.
  1. Can a doctor make late entry an accident case?
Yes, if a case is admitted without being labelled as medicolegal but later the patient or his relatives or police allege that it is a medicolegal case.
In such cases the certificate is to be issued by the doctor who had first seen the case by referring the case sheet. For example, if the casualty medical officer has made a coma case non-medicolegal as he could not diagnose, later if ward doctor diagnoses as traumatic head injury case, then the ward doctor can request the concerned (RMO/district surgeon/casualty medical officer in major hospitals, doctor himself in PHC and PHU) for making it a medicolegal case.
  1. Whether a doctor must treat first or complete medicolegal formalities first?
If the patient is serious, the doctor must treat first and aim at saving life. He can attend to medicolegal formalities later after the patient's condition has stabilised.3
  1. What is the explanation for the disparity in noting wounds by casualty medical officer, ward doctor and autopsy surgeon?
The casualty medical officer and ward doctor must aim at saving the life and hence they need not note down all injuries, especially when the case is serious. It is obligatory on their part to note in detail in non-emergency cases.
But during the autopsy, the doctor must note in detail and try to establish link between the injury and the weapon used.
  1. Can casualty medical officer attend to other duties while on casualty duty?
Ideally, casualty medical officer must be exempted from ward duties, PM work, etc., since he must be available in the casualty as cases may come at any moment.
  1. Is police requisition necessary to handle medicolegal cases?
No, if the patient comes directly to the hospital (often seen in accident, poisoning cases). The doctor must start treatment immediately. But he must inform about such cases to the police. (Supreme Court Direction 1989, at least to give First Aid by private doctor).
  1. What is a cognizable offence?
It is an offence, wherein the police can arrest without warrant, for example cases of rape, murder, etc.