Satish Tiwari MD (Ped) LLB FIAP IBCLC
Founder President Indian Medicolegal and Ethics Association Professor of Pediatrics Dr Panjabrao Deshmukh Memorial Medical College
Amravati, Maharashtra, India
Mahesh Baldwa MD DCH FIAP MBA LLB LLM PhD (Law)
Chairperson Medicolegal Group of IAP
Mumbai, Maharashtra, India
Mukul Tiwari MD DCH FIAP
Consultant, Pediatrician and Neonatologist Vice Chairperson, Medicolegal Group of IAP
Mumbai, Maharashtra, India
Alka Kuthe MBBS DGO
Member Medicolegal Committee of FOGSI Consulting Obstetrician
Amravati, Maharashtra, India
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Textbook on Medicolegal Issues—Related to Various Medical Specialties
First Edition: 2012
9789350258996
Printed at:
5CONTRIBUTORS
- Ashwini P Pawar ma llb pgdmle
- Consultant and Counseling Psychologist
- Thane, Maharashtra, India
- Ajay Gambhir md (Comm Med) md (Ped)
- dha fiap fiams
- Vice President
- Indian Academy of Pediatrics (IAP), 2007
- Secretary
- AKNSI-Indian Medical Association (HQ)
- Member
- Technical Committee on Immunization and Telemedicine, Government of India
- Alka Kuthe mbbs dgo llb
- Member
- Medicolegal Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- Consulting Obstetrician
- Amravati, Maharashtra, India
- Amit Padvi md (Anesth)
- mbbs (Fellowship in Ped Anesth)
- Assistant Professor
- GS Medical College
- Mumbai, Maharashtra, India
- Amol P Pawar md dgo fcps
- Lecturer (Obstetrics and Gynecology)
- BYL Nair Hospital and TN Medical College
- Mumbai, Maharashtra, India
- Anjan Bhattacharya mbbs dch (uk) mrcp (uk) mrcpch (uk)
- Consultant Pediatrician (Developmental Pediatrics)
- Head of Academics Pediatric Department
- Apollo Gleneagles Hospital
- Kolkata, West Bengal, India
- Executive Member
- GDBP Chapter, Indian Academy of Pediatrics (IAP) and West Bengal Branch
- Indian Academy of Pediatrics (IAP)
- Anju Gambhir ms mch (Ped Surg)
- Senior Consultant (Pediatric Surgery)
- Maharaja Agrasen Hospital and Apollo Clinic
- New Delhi, India
- Arun Bal ms phd
- President
- Association of Consumers for Safety and Health (ACASH), Mumbai, Maharashtra, India
- Ashok Banga md (Ped)
- Consultant Pediatrician
- Astha Children Hospital
- Gwalior, Madhya Pradesh, India
- Avinash Bansal md dha pgd-ap
- Head and Director
- DNB Program Pediatrics
- Bharat Vikas Parishad Hospital and Research Center, Kota, Rajasthan, India
- Archana Tiwari ms (Obs and Gyne)
- Consultant Obstetrician
- Apex Hospital
- Gwalior, Madhya Pradesh, India
- BB Sahni md (Ped)
- Senior Specialist and Head (Pediatrics)
- Tata Central Hospital
- Dhanbad, Jharkhand, India
- Charu Mittal md dnb (Obs and Gyne) micog mnams
- Chief Consultant
- Gynecologist and Obstetrician
- Chandak Hospital
- Gwalior, Madhya Pradesh, India
- Member
- Adolescent Health Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- CP Bansal md fiap
- President
- Indian Academy of Pediatrics (IAP), 2013
- Consultant Pediatrician
- Gwalior, Madhya Pradesh, India
- Dilip Walke md (Obs and Gyne)
- Chairperson
- Association of Maharashtra Obstetric and Gynecological Society (AMOGS)
- Medicolegal Cell, Mumbai, Maharashtra, India
- Practicing Obstetrician and Medicolegal Consultant
- Pune, Maharashtra, India
- Geeta Bansal md (Ped)
- Consultant Pediatrician
- Bharat Vikas Parishad
- Hospital and Research Center
- Kota, Rajasthan, India
- Girish Kumthekar md (Obs and Gyne) llb
- Assistant Professor (Obstetric and Gynecology)
- Vaishampayan Memorial Government
- Medical College, Solapur, Maharashtra, India
- Director and Partner
- Navjeevan Fertility and IVF Center
- Solapur, Maharashtra, India
- Member
- Medicolegal Ethical Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- Indrajit Khandekar mbbs md (Forensic Medicine)
- Assistant Professor
- Department of Forensic Medicine
- Mahatma Gandhi Institute of Medical Sciences
- Sevagram, Wardha, Maharashtra, India
- Ira Shah md dnb fcps dch
- In-charge
- Pediatric HIV and TB Clinic
- BJ Wadia Hospital for Children
- Mumbai, Maharashtra, India
- Editor
- Pediatric Oncall
- Asian Editor
- Journal of Pediatric Infectious Diseases
- JR Navarange md dch llb
- Honorary Pediatrician
- Deenanath Mangeshkar Hospital
- Honorary Pediatrician
- Sahyadri Hospital
- Visiting Faculty
- ILS Law College
- Pune, Maharashtra, India
- Chairman
- Medicolegal Cell, Indian Medical Association (IMA)
- Pune, Maharashtra, India
- Member
- Medicolegal Cell Indian Medical Association (IMA)
- Maharashtra State, India
- Kumar Rajesh md (Ped)
- Assistant Professor of Pediatrics
- SN Medical College, Agra, Uttar Pradesh, India
- Mahesh Baldwa md dch fiap mba
- llb llm phd (Law)
- Chairperson
- Medicolegal Group of Indian Academy of Pediatrics (IAP)
- Senior Pediatrician and Visiting Faculty
- Department of Law, Mumbai University
- Mumbai, Maharashtra, India
- Milind Shah md dgo dfp
- Consultant Obstetrician and Gynecologist
- Chairman
- Rural Obstetrics Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- Solapur, Maharashtra, India
- Mukesh Birla md (Ped)
- Consultant Neonatologist and Pediatrician
- Dolphin Hospital
- Indore, Madhya Pradesh, India
- Mukul Tiwari md dch fiap
- Consultant
- Pediatrician and Neonatologist
- Vice Chairperson, Medicolegal Group of IAP
- Mumbai, Maharashtra, India
- Namita Baldwa mbbs md (Anesth)
- dnb (Fellowship in Ped Anesth)
- Assistant Professor
- TN Medical College
- Mumbai, Maharashtra, India
- NC Prajapati md (Ped)
- Professor (Pediatrics)
- SN Medical College
- Agra, Uttar Pradesh, India
- Nilofer Mujawar mbbs md (Ped)
- Professor (Pediatrics)
- NKP Salve Institute of Medical Sciences
- Nagpur, Maharashtra, India
- Prabhuddhsheel Mittal md (Obs and Gyne)
- Chief Consultant (Gynecologist)
- Sahara Hospital
- Gwalior, Madhya Pradesh, India
- Member
- Medicolegal and Ethical Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- Prakash V Pawar md dgo dfp ficog pgdmls
- Associate Professor (Obstetrics and Gynecology)
- Terna Medical College
- Navi Mumbai, Maharashtra, India
- Chairperson
- Ethics and Medicolegal Committee
- The Federation of Obstetric and Gynecological Societies of India (FOGSI)
- Pukhraj Bafna md dch fiap ma
- Senior Consultant and Adolescent Counselor
- Rajnandgaon, Chhattisgarh, India
- Purendra Bhasin ms (Ophthal)
- Director
- Ratan Jyoti Netralaya
- Ophthalmic Institute and Research Center
- Gwalior, Madhya Pradesh, India
- Rajendra Borkar mbbs md (Ped)
- Associate Professor (Pediatrics)
- LNMC Sawangi (Meghe), Wardha
- Maharashtra, India
- Rajesh Shah ms (Gen Surg) dgo fics llb
- Consultant, Surgeon and Medicolegal Expert
- Associate Professor (Surgery)
- Municipal Medical College
- Ahmedabad, Gujarat, India
- Rajesh Upadhyay bms
- General Secretary
- Foundation Society
- Vasundhara Raje Homeopathic Medical
- College and Hospital, Gwalior, Madhya Pradesh, India
- Rishi Bhatia mbbs ms (Surg)
- llb pgdmle pgdmls
- Laparoscopic and General Surgeon
- Medical Law Advisor
- Secretary
- Indian Medical Association (IMA)
- Meerut Branch, Uttar Pardesh, India
- Samyr Dalwai md dnb llb
- Honorary Consultant LD Clinic, Lokmanya Tilak Municiple
- Hospital and Medical College, Sion, Mumbai, India
- Director
- New Horizons Child Development Center
- Member
- Committee on Juvenile Justice Reforms
- National Commission Protection of Child Rights
- Government of India
- Sandhya Khadse mbbs md (Ped) fiap
- Professor (Pediatrics)
- BJ Medical College
- Pune, Maharashtra, India
- Satish Tiwari md (Ped) llb fiap ibclc
- Founder President
- Indian Medicolegal and Ethics Association
- Professor (Pediatrics)
- Dr Panjabrao Deshmukh Memorial Medical College
- Amravati, Maharashtra, India
- Shantanu Abhyankar md (Obs and Gyne) ficog
- Medical Director
- Modern Clinic
- Wai (Satara), Maharashtra, India
- Shashi Mohan Sardana md (Ped) pgdim
- Diploma in Hospital and Health Management (DHHM)
- Consulting Pediatrician
- Ropar, Punjab, India
- Smriti Upadhyay bhms
- Consulting Homeopath and Medical Officer
- Indore, Madhya Pradesh, India
- Subhash Behere ms (Gen Surg) llb
- Honorary Faculty
- Medicolegal Wing, INS Law College
- Pune, Maharashtra, India
- Sudhir Mishra md (Ped)
- Senior Specialist (Ped) and In-charge
- Pediatric Intensive Care Unit (PICU)
- Tata Main Hospital
- Associate Professor
- Mahatma Gandhi Memorial Medical College
- Jamshedpur, Jharkhand, India
- Sushila Baldwa mbbs md dgo
- Senior Gynecologist
- Apollo Clinic
- Mumbai, Maharashtra, India
- Versha Baldwa mbbs (PG Student of MD Patho)
- Government Medical College
- Surat, Gujarat, India
- Vijay Baldwa bds llb llm
- Consulting Dentist and Medicolegal Advisor
- Mumbai, Maharashtra, India
Hani-Labh, Jivan-Maran, Jas-Apjas Bidhi Hath
Loss-Profit, Life-Death, Fame-Defame is in the hands of destiny
— Tulsidas's Ramcharitmanas
No person on this earth is immortal. It is important to understand that doctors can never predict the future of any patient as the dynamic human body does not obey the linear laws of deterministic predictability. A very sick patient may stand long hours of surgery and recover completely while relatively healthy patient may succumb to minor stress or allergic reactions.
The term “Medicolegal” incorporates the basics of two professions, i.e. Medicine and Law. Although doctors encounter the law at every turn during the practice of their profession, they frequently have insufficient knowledge of it. A doctor confronts it when, as the treating doctor, he is summoned to a court of law in a personal injury lawsuit; he meets it when he is called as an expert in connection with a claim against a colleague and when he is faced in his office or clinic by unforeseen situations, like sudden unexpected death, patient-generated violence, etc. It will be better to accept the change and brace ourselves with the knowledge to cope with the change.
With passing time, the standards of medical care are rising as also the patients' expectations. This race may convert medical practice into a battleground between the doctors and patients. In India, medical law is yet to crystallize. Nothing can be said with absolute certainty on many issues as the final word is yet to come. The legal system wants medical practitioners to follow standard practices; setting standards is, however, a difficult task. Medicine is vast and ever-changing field. It is also equally important to take into account the needs of the individual patient, available infrastructure, resources and the regional limitations. A lot of information, documentation and know-how is therefore needed. In the last few years, the medicolegal scenario has changed further.
Every relationship is a dynamic process and doctor-patient relationship is no different. It has gone a sea-change since its beginning thousands of years back. It will be a futile exercise to look back and remember the good old days when the doctor was all powerful, a Semi-God. With the change in medicosocial dynamics, cases against doctors are witnessing a phenomenal rise, constant upgradation of the practicing doctor vis-á-vis the fast-changing laws of the country. Medical professional fumbles when they confront a court case against them with allegations of negligence or deficiency in medical service. It will be quite useful for today's doctors to be well-equipped with medicolegal knowledge if they want to practice their profession safely, without the hassle of too many cases slapped on them. Doctors in the West have been quicker to respond to the need for such knowledge. There is ample literature generated from the West, which analyzes the issues of legal aspects of medical practice and doctor-patient relationship thoroughly. There is scanty literature on this subject in India where the volume of patients is many times more than that of most of the Western countries. We should have our literature, studies and observations suited to our milieu. With the phenomenal increase in the patient volumes in India, the need for indigenous literature is going to be even greater in the future.
Each branch of medicine has its own medicolegal issues. There are different books on medicolegal issues pertaining to different branches of medicine, but no single book which comprehensively deals with medicolegal issues in most of the vulnerable branches together. This 10book was envisioned with the same objective in mind. The editors sincerely hope that this book will serve to fill the void effectively. The book looks beyond the problems and moves on to solutions. The editors hope that doctors from different specialities will find in this book constructive suggestions and solutions towards many of the issues which plague them.
An endeavor has been made to include the information related to almost all the branches in allopathic medical science and to create a perfect blend of clinical practice and various laws applicable to its varied aspects. It covers major issues which a doctor is likely to face during his/her professional career with case laws and important Supreme Court judgments in simple language, so that a doctor can easily understand its legal implication and apply it. A section on The Acts and certain important tips in the form of algorithms for Safe Practice while managing the patient, have been added, which would help the doctors to follow uniform standards, which, in turn, will help in better patient care.
Lastly, we welcome feedback and suggestions from the esteemed readers that will make the book more useful.
Human mind is like a parachute, it works best when it is open
Editors