Medico-Legal

Medico legal is a subject involving medical jurisprudence (a branch of medicine) and medical laws (a branch of law). This branch of study becomes essential if one is injured or harmed or dead in any way and needs timely and appropriate medical and related legal assistance. An injury could arise out of a criminal offence, viz., burn injuries, vehicular and other accidents, suspected suicide, homicide, mysterious cause of death, poisoning, sexual assault, criminal abortion, unauthorised drug experimentation, illegal human organ transplantation, illegal sex determination of human foetus etc.

Patients' death due to iatrogenic factors such as administration of wrong treatment, medication or carrying out of improper medical procedure or overdose of aesthesia so on and so forth inside a hospital. Besides criminal laws, it might also be classified under medico legal cases. Medical autopsy is ordered mandatorily under the above instances. The treating physician is duty bound to report it to the nearest police station immediately after completing primary life-saving medical care in accordance with Section 39 CrPc so that maximum evidence could be collected by the investigating authorities.

Medico legal is a combination of medical laws and medical science in solving complex medico legal issues, filing and defending compensation claimed due to medical negligence and supporting medical laws' compliance by a branch of specialised knowledge of applicable laws and procedure opposite statutory bodies, viz., MCI, DCI, Labour laws and other regulatory authorities by the hospitals and healthcare centres.

It may also deal with the ethical conduct and etiquette required to be observed by the medical professionals under the statute and conventions. Most importantly, it deals with the claiming and defending false claim of compensation on the ground of medical negligence against the medical professionals, anesthetists, hospitals and essentially by patients besides their relatives.

Our role :

Communiqué Associates’ medico legal service is unique and innovative. It starts with creating awareness and building an aware and expert team of Medical and Dental Professionals and Members of the Public for a hassle-free dispute immune medical and dental treatment system for the overall and all-encompassing welfare of the society at large.

Communiqué’s objective is to simplify the complex legal issues for the members of the medical and dental fraternity and the society at large so that the medical and dental professionals may exercise due caution and care for not being accused of negligence and deficiency of service, while the service receivers being the patients are equally not unduly harassed and fleeced.

Communiqué has In this direction, created special package of training program for medical and paramedical students, interns and even the qualified practicing physicians and dentists, structured compliance and audit plan for the health sector, disseminating information for the specific group to create awareness and finally help limiting, mitigating, minimizing risks by advising appropriate health, health insurance, professional liability insurance and plethora of related, allied issues.

Communiqué has devised new hospital, medical/dental collage and health institute commissioning, consultations, occupational health check-up service and a unique service of introducing alternative dispute resolution service to the disputing patients-hospitals, hospitals-physicians, physician-physician, hospitals-workers, hospitals-commercial houses so on and so forth.

Communiqué service team comprises of well qualified, dedicated and experienced lawyers, physicians and other medico-technical professionals capable to catering to the emerging and potential service requirements in the sunrise medico legal sector and tackling growing legal issues in health and dental care service and support sector.

Communiqué medico legal, a premier medico legal service provider initiative in the eastern region of India, believes that a large part of the disputes could be resolved at the threshold with available basic medico legal knowledge by way of compulsory curriculum for the professionals in or out of university prescribed syllabus.

Communiqué is capable of developing and framing an appropriate specialised curriculum with applicable practical examples in the light of various decided case laws involving physicians, surgeons, dental surgeons, medicos, paramedics, hospitals and patients by the apex court, various high courts and consumer fora/councils.

Communiqué supports decoding medical, code of conduct, ethics guidelines and ethical practice management, besides basic understanding of personal and commercial taxation angles, commercial practices and applicable laws, statutory and regulatory compliances for the medical and dental professionals, essential professional precautions necessary in day-to-day practice besides handling litigation and legal proceedings by or against the medical and dental professionals.

Pertinent points:

• Hospitals, private clinics and nursing homes are prohibited from denying provision of basic and emergency medical treatment to accident victims on the pretext of legal formalities (consent), monetary considerations and infrastructural restraints under Article 21 of the Constitution of India. If unable, they must provide emergency care and transfer the patient by their ambulance to the nearest available facility at Government or private hospitals.
• In a rape or criminal abortion, the victim/patient cannot be examined by a doctor without written consent of the victim or her legal/natural guardian. In both cases the doctor is bound by law to keep the patients' information confidential. A woman must be present during the examination of a woman.
• In the case of suicidal death, the doctor is obligated to report the matter to the police for further investigation.
• Consent plays an important role in advancing treatment/surgery on a patient. The consent does not only mean to be taken but given. Lack of consent may lead to complex legal issues besides compensation payable by the hospitals.
• Medical ethics is no longer a part of Hippocratic Oath. This is extended to MCI Regulation being a part of the MCI Act. Its noncompliance may be leading to penal consequences.
• Medical treatment administered by an under/non/unqualified medical professional may be exposed to liability to pay damages as that for negligence arising out of res ipse loquitur (things speak for itself).
• An illegal medical termination of pregnancy or implantation of human organ or receiving patients for this purpose or unauthorized human experimentation may essentially lead to criminal prosecution.
• Deficiency of medical services may expose medical professionals, hospitals and related service providers to hefty compensation by order of consumer courts.
• Labour legislation relating to Sexual Harassment at Workplaces, Provident Fund, Gratuity, Bonus, Industrial dispute, ESI, Contract Labour, Minimum Wages, Payment of Wages are equally applicable to hospitals and healthcare centres as in other industrial undertakings. Rigorous compliance and taking on the authorities in the event of violation are serious compliance management issues and critical handling process.
• Complex legal issues relating to Contract, Compensation, Criminal laws, Penal Code, Consumer Protection, Evidence, Limitation, IPR and plethora of Rules, Regulations, By-laws, Circulars, Notifications, Case Laws applicable to Medical Profession and Hospital management are no longer in the realm of the non-legal expertise.
• Hospitals are now-a-days are the off springs of either a corporate entity (public, private, charity or OPC) or LLP or Partnership Firm or Society or Trust. Formation and operating those legal entities by necessary compliance and governance mechanism are complex legal function. Defending a false compensation claim on medical negligence is an art of defence counsels. Foundation of such defence is created by solid medical records management. Professional advice on this behalf helps physicians to feel safer.
• In the recent past, medico legal issues have been taking huge time and effort on the part of medical, pharma, and dental professionals in various spheres of their practicing lives. At times, for no fault of individual professionals, frivolous civil claims and criminal charges are filed either in individual capacity or jointly with the hospital authorities. In nutshell, in the age of consumer (patient) activism, the health care service profession has increasingly been exposed to growing multi-dimensional medico legal issues, leaving the health professionals confused and perplexed.
• Communiqué Medico Legal is a wide and growing community than just a service provider, believes in serving and achieving together for common fruits for the community. Its invitation is kept wide opened for all to join and share experience of working and learning together. Enjoy a great journey ahead with us.