Medico-legal Aspects of Dermatology and Plastic Surgery
Disclaimer
This book is intended purely to create awareness of legal aspects as it applies to doctors particularly dermatologists and plastic surgeons. This book does not serve as a substitute to legal advice which must be taken in specific cases from your legal advisor. Laws are amended from time to time. The judgments of the courts may be reversed or modified by the higher courts in appeal or revision. Therefore, a referral to the latest laws and judgments is necessary. The book contains in many places individual opinions of authors, in given certain circumstances. They should not be construed as absolute OR infallible recommendations to be followed; rather the fast changing scenario of Medicolegal Guidelines makes it imperative for any reader to take professional opinion before proceeding on any specific matter. The authors and editors will not be liable in any way, for any legal claim arising out of applying the information in this book for any real life situations.
Medico-legal Aspects of Dermatology and Plastic Surgery
Chief Editors
Venkataram Mysore
MD DNB DipRCPath(Lond) FRCP (Glasgow) FISHRS
President, Dermatologists and Aesthetic Surgeons League (DASIL) President, Indian Association of Dermatologists, Venereologists and Leprologists, 2015 President, Association of Hair Restoration Surgeons, India, 2013 President, Association of Cutaneous Surgeons of India, 2010–2013 Editor-in-Chief, Journal of Cutaneous and Aesthetic Surgery, 2007-2010 Consultant, Dermatologist, Dermatopathologist and Hair Transplant Surgeon Director, Venkat Charmalaya, Centre for Advanced Dermatology and Postgraduate Teaching Centre
Bengaluru, Karnataka, India
Satish Bhat
MS DNB(Surg) MCh DNB(Plastic Surg) MRCS(Edin, UK)
Consultant Plastic and Cosmetic Surgeon Linea Cosmetic Clinic
Mangalore, Karnataka, India
Subodh Premanand Sirur
MBBS DVD DNB LLM
Consulting Dermatologist (Wockhardt Hospitals Mumbai Central) Medical Law Consultant Mumbai, Maharashtra, India
Associate Editors
Madhulika Mhatre
MD FRGUHS
Senior Consultant, Dermatologist Wockhardt Hospitals, Mulekar Vitiligo Clinic
Mumbai, Maharashtra, India
Vivekanshu Verma
MBBS DFM
Associate Consultant and Fellow Department of Emergency and Trauma Care Medanta—The Medicity
Gurugram, Haryana, India
Aniketh Venkataram
MBBS MS MCH FDAFPRAS FASAPS
Plastic and Cosmetic Surgeon Venkat Charmalaya Center
Bengaluru, Karnataka, India
Foreword
N Santosh Hegde
Jaypee Brothers Medical Publishers (P) Ltd
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Medico-legal Aspects of Dermatology and Plastic Surgery
First Edition: 2019
9789352708970
Printed at
- Amarnath Munoli MBBS MS (General Surge ry) MCh DNB (Plastic Surgery)
- Associate Professor
- Lokmanya Tilak Municipal General Hospital
- Mumbai, Maharashtra, India
- Ameesha Mahajan MD (Derm atology)
- Consultant Dermatologist
- RM Aesthetics
- Amritsar, Punjab, India
- Anant Patil MBBS MD (Pharmacology)
- Assistant Professor
- Dr DY Patil Medical College
- Navi Mumbai, Maharashtra, India
- Aseem Sharma MD DNB MNAMS MBA
- Assistant Professor
- Department of Dermatology Lokmanya Tilak Municipal Medical College and General Hospital
- Mumbai, Maharashtra, India
- Atul Shah LLM (Gold Medal) MCh (Plastic and Reconstructive Surgery) MPhil (Cosmetology) MPhil (Health and Hospital Systems Management) PG Diploma in Medical Law and Ethics
- Consultant
- Cosmetic, Plastic, Reconstructive and Burns Surgery
- Vadodara, Gujarat, India
- Bhanu Prakash MBBS MD PGDHHM PGDMLE
- Professor
- Department of Dermatology
- Vydehi Institute of Medical Sciences and Research Centre
- Bengaluru, Karnataka, India
- Chandrashekhar Sohoni MBBS DNB (Ra diology)
- Consultant Radiologist
- Department of Radiology
- NM Medical
- Pune, Maharashtra, India
- Charan JC MCh (Plastic Surgery)
- Consultant Plastic Surgeon
- DA Satish MBBS MD (AIIMS) FRCP (Glasg)
- Senior Consultant Dermatologist
- Sagar Hospitals and Skin
- Cosmetic and ENT Care Center
- Jayanagar, Bengaluru, India
- Devendra Richhariya MBBS MD (Internal Medicine) FICM IDCM
- Associate Director
- Emergency and Trauma Care
- Medanta—The Medicity
- Gurugram, Haryana, India
- Dharmendra Arora MBA PGDBM (Masscom)
- Professor of Media
- (Masscom, Event Management and Advertising)
- Secretariat, DERMASOURCEINDIA
- Gurugram, Haryana, India
- Dinesh Kumar Devaraj MBBS MD MRCPS (Glasgow)
- Consultant Dermatologist
- Dr Dinesh's Skin and Hair Clinic
- Che nnai, Tamil Nadu, India
- Feroze Kaliyadan MBBS MD DNB (European Board of Dermatology) SCE-RCP
- Con sultant Dermatologist
- College of Medicine
- King Faisal University
- Al-Ahsa, Saudi Arabia
- Govind S Mittal MBBS MD DVL FRGUHS (Dermatosurgery)
- Consultant Dermatologist
- Therapeia Skin Hair and ENT Centre
- Bengaluru, Karnataka, India
- Kajal Mehta MBBS DVD
- Senior Resident
- Department of Skin and Ven ereal Diseases
- Baroda Medical College
- Vadodara, Gujarat, India
- Karalikkattil T Ashique MBBS DDVL PG Dip (Med Cosmetology)
- Medical Director and Senior Consultant Dermatologist
- Nahas Skin Clinic (Amanza Health Care)
- Perinthalmanna, Kerala, India
- Kiran Godse MD PhD FRCP(Glasg.)
- Professor
- Department of Dermatology
- DY Patil University-School of Medicine
- Navi Mumbai, Maharashtra, India
- K Ramachandran MS MCh MNAMS
- Senior Consultant and Cosmetic Surgeon
- Apollo Spectra Hospitals
- Chennai, Tamil Nadu, India
- Lakshyajit D Dhami MS MCh (Plastic Surgery)
- Consultant Cosmetic, Laser and Plastic Surgeon
- Vasudhan Cosmetic
- Laser and Plastic Surgery Centre
- Mumbai, Maharashtra, India
- Lalit Kapoor
- Senior General and Gastrointestinal Surgeon
- Medical Director
- Shakuntala Memorial Hospital
- Andheri, Mumbai Senior Surgeon
- Suchak Hospital and Research Centre
- Malad East, Mumbai, Maharashtra, India
- Lalit Kumar Gupta MD (Dermatology)
- Senior Professor
- Department of Dermatology
- RNT Medical College
- Udaipur, Rajasthan, India
- Madhulika Mhatre MD FRGUHS (Aesthetic Dermatology)
- Consultant Dermatologist
- Wockhardt Hospitals
- Mulekar Vitiligo Clinic
- Mumbai, Maharashtra, India
- (Col) Manas Chatterjee MD DNB (Dermatology and Venereology)
- Professor and Head
- Department of Dermatology
- Institute of Naval Medicine
- INHS Asvini
- Mumbai, Maharashtra, India
- Manish Khandare MBBS MD (Su rg It Cdr)
- Assistant Professor
- Department of Dermatology
- INHS Sanjivani, Naval Base
- Kochi, Kerala, India
- Manjot Marwah MBBS MD
- Consultant Dermatologist and Hair Transplant Surgeon
- Dr Manjots Clinic
- Jalandhar, Punjab, India
- Manjunath R MD (Skin and VD) PGDMLE (NLSIU)
- Consultant Dermatologist
- Spoorthi Skin and Hair Care Clinic
- Kollegal, Karnataka, India
- Maya Vedamurthy MD DD MAMS FRCP (Glas)
- Consultant Apollo Hospitals, Chennai
- Medical Director and Consultant Dermatologist
- RSV Skin and Laser Center
- Chennai, Tamil Nadu, India
- Medha A Bhave (Khair) MS DNB (General Surgery) MCh DNB (Plastic Surgery)
- Plastic Surgeon
- Lasercosmesis
- Thane West, Maharashtra, India
- Milan Doshi MCh (Plastic Surgery)
- Cosmetic Plastic Surgeon and Director
- Allure MedSpa
- Mumbai, Maharashtra, India
- Milind S Wagh MS (General Surgery) MCh (Plastic Surgery)
- Consultant Plastic Surgeon
- Make-A-Change: A Centre for Cosmetic Surgery
- Mumbai, Maharashtra, India
- Mukund Jagannathan MB MS MCh (Plastic Surgery)
- Professor
- Department of Plastic Surgery
- Lokmanya Tilak Municipal General Hospital
- Mumbai, Maharashtra, India
- Namitha Chathra MBBS MD FRGUHS
- Consultant Dermatologist
- Department of Dermatology
- St John's Medical College
- Bengaluru, Karnataka, India
- Nanda B Kishore MD
- Professor
- Department of Dermatology, Venereology and Leprosy
- Father Muller Medical College
- Mangaluru, Karnataka, India
- Narasimha Rao Kankanala MBBS MS (Orth) PGDMLE
- Consultant
- Sai Care Hospital
- Trichy, Tamil Nadu, India
- Nayeem Sadath Haneef MBBS MD
- Professor and Head
- Department of Dermatology, Venereology and Leprology
- Deccan College of Medical Sciences
- Hyderabad, Telangana, India
- Neeraj Nagpal MBBS MD (Medicine) FIMSA Director
- Hope Gastrointestinal Diagnostic Clinic
- Convenor, Medicos Legal Action Group (MLAG)
- Chandigarh, India
- Priyadarshini P Gaddagimath MBBS DDVL F RGUHS
- Consultant and Pediatric Dermatologist
- The Venkat Center for Skin and Plastic Surgery
- Bengaluru, Karnataka, India
- Putta Srinivas MD
- Director
- Government Medical College
- Mahabubnagar, Telangana, India
- Rajesh M Buddhadev MD (Dermatology)
- Chief Dermatologist
- NU SKIN WORLD©
- Consultant Dermatologist
- Mahavir Hospital
- BAPS Hospital
- Surat Mahanagar Seva Sadan
- Surat, Gujarat, India
- Rajesh Verma MD (Forensic Medicine)
- Jaipur, Rajasthan, India
- Rakesh Bharti MD
- Consultant Dermatologist
- Bharti Derma Care and Research Centre
- Amritsar, Punjab, India
- Rakesh Kalra MBBS MS (General Surgery) MCh (Plastic Surgery)
- Consultant Plastic Surgeon
- Ashirwad Hospital
- Dehradun, Uttarakhand, India
- Rakesh Kumar Khazanchi MS MCh PG Diploma (Medical Law)
- Chairman
- Department of Plastic, Aesthetic and Reconstructive Surgery
- Medanta—The Medicity
- Gurugram, Haryana, India
- Rani Umul Khair Mulla MCh (Plastic Surgery)
- Visiting Fellow in Cosmetic Surgery
- Allure MedSpa
- Mumbai, Maharashtra, India
- Rasya Dixit MBBS MD (Dermatology, Venereology and Leprosy)
- Consultant Dermatologist
- Dr Dixit Cosmetic Dermatology
- Bengaluru, Karnataka, India
- Reema Baxi MBBS
- Postgraduate Student
- Department of Skin and Venereal Diseases
- Baroda Medical College
- Vadodara, Gujarat, India
- Sanjay Parashar DNB (Plast) MCH (Plast) FICS (Plast) Fellowship Plastic and Craniofacial Surgery Australia)
- CEO and Director
- Consultant Plastic Surgeon and Laser Specialist
- Cocoona Centre of Aesthetic Transformation
- New Delhi, India
- Sanjeev J Aurangabadkar MD
- Consultant Dermatologist
- Skin and Laser Clinic
- Hyderabad, Telangana, India
- Santosh Kumar Verma BSc LLB
- Advocate
- Rajasthan High Court
- Superintendent, Central Excise (Retd)
- Jaipur, Rajasthan, India
- Satish Bhat MS DNB (Surgery) MCh DNB (Plastic Surgery) MRCS (Edin, UK)
- Consultant (Plastic and Cosmetic Surgeon)
- Linea Cosmetic Clinic
- Mangaluru, Karnataka, India
- Satyanarayana Rao KH MD PGDMLE P GDHHM Dip STD/AIDS (Bangkok)
- Principal Consultant (Dermatology)
- Central Health Service
- Bengaluru, Karnataka, India
- Savitha AS MD DNB FRGUHS
- Associate Professor
- Department of Dermatology
- Sapthagiri Institute of Medical Sciences
- Bengaluru, Karnataka, India
- Shilpa K MBBS MD FRGUHS (Derm atosurgery)
- Associate Professor
- Bangalore Medical College
- Bengaluru, Karnataka, India
- Shrirang Pandit MS (General Surgery) MCh (Plastic Surgery)
- Project Director and Lead Surgeon
- Smile Train Project at Poona Hospital and Research Center, Pune
- Head (Plastic Surgery)
- Pandit Clinic
- Professor of Plastic Surgery
- Bharati Vidyapeeth
- Pune, Maharashtra, India
- Sidharth Sonthalia MD DNB MNAMS FISD
- Medical Director and Senior Consultant
- Dermatologist
- Skinnocence: The Skin Clinic and Research Center
- Gurugram, Haryana, India
- Sneha Gandhi MBBS MD Senior Resident
- Gulbarga Institute of Medical Sciences
- Kalaburagi, Karn ataka, India
- Subodh Premanand Sirur MBBS DVD DNB LLM
- Consulting Dermatologist and Medical Law Consultant
- (Wockhardt Hospitals Mumbai Central)
- Mumbai, Maharashtra, India
- Sunil Keswani MS (Surg) MCh (Plastic Surgery)
- Consultant Plastic and Cosmetic Surgeon
- National Burns Centre
- Navi Mumbai, Maharashtra, India
- Vaishali Masatkar MBBS MD (DVL)
- Assistant Professor
- Ananta Institute of Medical Sciences and Research Centre
- Rajsamand, Rajasthan, India
- Venkataram Mysore MD DNB DipRCPath (Lond) FRCP (Glasgow) FISHRS
- Director
- Consultant Dermatologist
- Hair Transplant Surgeon
- Dermatopathologist
- The Venkat Center for Skin, Plastic Surgery and Postgraduate Training (RGUHS)
- Bengaluru, Karnataka, India
- Vipan Bhasin Senior Advocate
- Amritsar, Punjab, India
- Virender Pal Singh MD (Forensic Medicine), LLB
- Dayanand Medical College
- Ludhiana, Punjab, India
- Vivekanshu Verma MBBS DFM
- Associate Consultant and Fellow
- Department of Emergency and Trauma Care
- Medanta—The Medicity
- Gurugram, Haryana, India
- Yogesh S Marfatia MBBS MD (Skin-VD)
- Professor and Head
- Department of Skin Venereal Diseases
- Baroda Medical College
- Vadodara, Gujarat, India
Doctor is a Healer and has been held in high esteem for centuries. This high esteem for doctors has also meant a high standard of conduct and ethical behavior. However, in recent times, this edifice is slipping and these are somewhat trying, if not testing times for the Medical Profession. As new progress happens, but at increasing cost; as aspirations of people rise, more than what they can afford; as attitudes change, and old values disappear; as health expenses soar in the face of a dwindling governmental support; Medical Profession is facing new challenges—challenges of cost, challenges of adhering to old time ethics in a fast-changing world of advertisement and social media, challenges of demands of transparency and accountability in the face of increasing patient autonomy, challenges of meeting the expectations amidst the inevitable fallibility and inconsistency of Medical Science. Doctors need to respond to these challenges and find new, yet ethical ways of practicing their profession and to maintain the highest standards that are expected from them.
Meeting these challenges needs doctors to change and adapt; they need to define new standards in the way they conduct their profession, acquire knowledge of Ethics and Law, adopt and adhere to protocols and guidelines. Doctors need to get educated to do these effectively. It is no longer enough if they practice ethically, they should be seen to practice ethically; not just by peers and patients, but also by Society, Media and at Times law.
It is, therefore, heartening to see a book of this kind, of the first of it's kind meant to explain Legal aspects of Medicine. I am also happy that Senior Doctors from across the country have contributed chapters on different aspects. In particular, the book emphasizes Cosmetic Surgery; different and higher standards are needed in this field, as a Cosmetic Surgery “ patient” is not really a sick person, but more a client/consumer—a healthy person-seeking improvement. It is also a reflection of today's scenario, that many chapters in Dermatology are included, formerly regarded as a safe specialty. New issues such as advertisements, social media are also included. Issues of Quackery, socially relevant chapters such as POCSO Act, are included.
I complement the editors, Dr Venkataram Mysore, Dr Subodh Premanand Sirur, and Dr Satish Bhat and all the authors for this effort. I hope the book will succeed in educating doctors to practice safe, but ethical and effective Medicine to ensure safe outcomes both for doctors and patients, for a better society.
Bengaluru
(N. Santosh Hegde)
Preface
Medicine is a noble profession. Vaidyo narayano harihi (translates to The doctor is equal to God, Lord Narayan).
This quote reflected the spirit of practice of medicine—at least, until recently. However, this scenario is changing and changing fast; gone are the days when physicians were regarded healers; now the profession is regarded as trade by the city administration which asks for a trade license by doctors; commercial activity (by the tax official); service (by the service tax official); and a business and enterprise by the banks. Patients, who once implicitly trusted their physicians as healers now view doctors with suspicion. They now question their integrity, their costs, and even their ability to deliver treatments. This changing scenario has resulted in greater medicolegal issues than ever before. Who would have imagined that the highest ever compensation in Indian medicolegal history would happen in a dermatological case? It is now an accepted presumption, a cliché to say that the most doctors will face abuse and legal challenge at some stage in their career. This is a change that physicians will have to adapt if the profession has to continue performing its prime task of healing the patients.
It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able to adapt to and to adjust best to the changing environment in which it finds itself.
—Charles Darwin
The medical profession has been slow to respond to these challenges and doctors have generally been ill-equipped to handle the problems. The subject still does not form part of the medical syllabus and it is no wonder that when a doctor faces a legal challenge, he is at a loss and panics. All through medical education aspiring medical practitioners are taught about the human body, drugs and diseases so that one day they can practice medicine; to restore health, to treat and prevent disease, and serve society—staying out of courts or facing courts is not taught at any stage !!!. It is only now that doctors are now slowly learning and adopting to enhanced requirements in documentation, adhering to protocols and guidelines, knowledge of the law, etc. This book is an effort to educate doctors in such medicolegal issues. Ethics and law are about knowing the difference between what you have a right to do and what is right to do.
The book is different from a usual medical book; it is more of a compendium of facts, scenarios, court cases and possible strategies. There is a lot that is based on previous documented case studies, but not everything is written in this fast-changing field. Hence, the book includes much that is based on experience and practice. After all, the law reacts to and follows the practice; courts interpret and judge what is brought before them. The book seeks to inform not just how to face situations, but also how to prevent facing such situations.
Writing a book of this nature has, therefore, its challenges. Finding authors to write the chapters has been one. Fortunately, the editorial board had Dr Subodh Premanand Sirur who is uniquely qualified in dermatology, law, and insurance. Dr Satish Bhat has a keen interest in law and has been assisting doctors in a number of medicolegal situations. We were able to find very experienced physicians who had enough experience in law and practice to write different chapters. We express our sincere thanks to them.
The book has been divided into three principal sections—; which deals with general medicolegal issues which are relevant to all doctors, such as consent, practice management, malpractice and negligence, civil and criminal liability, social media, clinic regulations, pharmacies and dispensing, consumer courts, advertisement, ethics, quackery, compensation, legal aspects of medical research, photography and confidentiality, and dealing with legal cases. and deal with specific issues of prime relevance to dermatology, viz. cosmetic and aesthetic dermatology, plastic, reconstructive and cosmetic surgery in important diseases, procedures, surgeries and situations.
Our effort has been to keep the book comprehensive, yet simple; to make the book all- inclusive, yet reader-friendly; detailed yet relevant. We hope that we have succeeded in achieving this objective.
The book would not have been possible without the long endeavors of our Associate editors: Dr Madhulika Mhatre, Vivekanshu Verma, and Dr Aniketh Venkataram. In particular, Dr Madhulika has been helpful in coordinating the entire effort amongst authors and with publishers. Dr Vivekanshu has spent hours in putting the right facts and making the book reader-friendly. Dr Aniketh was particularly helpful with the chapters in plastic surgery. Our thanks to them and also to the group of young doctors who helped in proofreading and copyediting.
It is our fond hope that the book will help doctors not just face legal situations, but more importantly, adopt best practices that will help prevent undesirable situations. That will be the apt reward for the effort that has gone into writing the book.
Lastly, any effort at writing a book needs support from the family, who put up with our pre- occupation and the resulting negligence of our family members. Our gratitude to them.
Venkataram Mysore
Satish Bhat
Subodh Premanand Sirur
Acknowledgments
Our sincere thanks to the following doctors who assisted us with proof correction:
Vani Yepuri MBBS DDVL FRGUHS
Consultant Dermatologist
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
Priyadarshini P Gaddagimath MBBS DDVL FRGUHS
Consultant and Pediatric Dermatologist
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
Manasa Narayan Kayarkatte MBBS MD(Dermatology)
Senior Resident
Kasturba Medical College
Manipal, Karnataka, India
Hina Jajoria MBBS MD DNB
Fellow
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka
Guru Gobind Singh Indraprastha University
New Delhi, India
Oliver Clement Lobo MBBS DVD
Fellow
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
Suman Nepal MD(Dermatology)
Observership Trainee
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
Helping Hands Hospital
Kathmandu, Nepal
Somodyuti Chandra MBBS MD DNB SCE (UK)
Fellow
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
M Deepti MBBS MD DVL
Fellow (RGUHS)
The Venkat Center for Skin and Plastic Surgery
Bengaluru, Karnataka, India
M/s Jaypee Brothers Medical Publishers (P) Ltd, New Delhi, India, has done outstanding work in bringing this book out on time. In particular, my thanks to Shri Jitendar P Vij (Group Chairman), Ms Chetna Malhotra Vohra (Associate Director–Content Strategy), Ms Nikita Chauhan (Development Editor), and the production team—our gratitude to them.