Medico Legal Updates

Medico legal Corner

1) in a MLC case, one identification mark should be sufficient if doctor certifies that no other such mark is visible. Thumb impression is not considered to be an unique identification mark.

2) Kerala State Commission has categorically stated that CPA 2019 does not exempt doctors from it’s ambit (12 Sep.2021).

3) A Doctor should confirm the facts personally before issuing any important documents like Birth certificate (which should be procured from Corporation). Death certificate or any such certificates.

4) Medical Professionals Cannot Be Held Negligent Merely Because The Treatment is Not Successful Or Patient Dies During Surgery: -The Supreme Court observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies during surgery. [7.9.211 SC judgement says that to indicate negligence, the bench of Justices Hemant Gupta and AS Bopanna said, there should be material available on record or else appropriate medical evidence should be tendered. The court said that in the above circumstance, when there was no medical evidence available before the NCDRC on the crucial medical aspect which required such opinion, the mere reliance placed on the magisterial enquiry would not be sufficient. Though the opinion of the civil surgeon who was a member of the committee is contained in the report, the same cannot be taken as conclusive since such report does not have the statutory flavour nor was the civil surgeon who had tendered his opinion available for cross examination or seeking answers by way of interrogatories on the medical aspects. Therefore, if all these aspects are kept in view, the correctness or otherwise of the line of treatment and the decision to conduct the operation and the method followed were all required to be considered in the background of the medical evidence in the particular facts of this case. As indicated, the mere legal principles and the general standard of assessment was not sufficient in a matter of the present nature when the very same patient in the same set up had undergone a successful operation conducted by the same team of doctors. Hence, the conclusion as reached by the NCDRC is not sustainable.”

5) Is it OK medico-legally that when the patient is on the operation table, the anaesthetist who started the anaesthesia hands over the case midway to another anaesthetist who was be present from the beginning but was not available initially? ANSWER: In theory. expected to be p there is no illegality involved as long as there was proper handing taking over (also, explaining invol in writing the reason for such handing-taking over) with the necessary documentation. It would be prudent to avoid such a situation because it is an uncommon situation that unnecessarily a puts the focus and blame upon the anaesthetist in case of a mishap. It should be ensured that consent for the anaesthesia/anaesthetist is taken and recorded

6) Allahabad High Court Has spelt out clear instructions for Medical officers to give only provisional opinion after examining sexual assaults victims Nov 2021….UP doctors 7) In Goa (31.8.21). Patient kin brutally assaulted the hospital owner Gynaecologist, after a newborn baby’s death. He lodged a complaint in Porvorim police station, 3 were held, but were released soon after, State IMA President Dr Vinayak Buvaji spoke for doctor in police station. MAsaid Police dept was not implementing the Medicare Act 8)22.8.21-Delay in surgery consumer court acts hospital surgeon to pay 10 lakhs for death of patient. Delhi State Consumer Redress Forum directed to North Railway central hospital, doctors delayed surgery of LIVER ABSCESS ruptured into peritoneum Palient on serious condition remained unattended for whole day shifting in between medicine and surgery wards.

9) Private doctors are asked to mention complete qualifications, specifization degrees on Signboards. This was from Nagpur Municipal corporation such directives are sent to a private practitioners This seems to be a welcome step, in view of the increasing quack doctors in the city.

(10) डास चावल्यामुळे मृत्यू झाल्यास तो अपघाती मृत्यू होतो का ? काय म्हणाले मा. सर्वोच्च न्यायालय,

डास चावल्यामुळे मलेरिया होऊन एखाद्या व्यक्तीचा मृत्यू झाल्यास असा मृत्यू अपघाती मृत्यू संबोधायचा का नाही असा प्रश्न राष्ट्रीय ग्राहक आयोगा पुढे. नॅशनल इन्शुरन्स कं. वि. श्रीमती, मौसमी भट्टाचार्जी (रिव्ही पेटि क्रा १२७०/२०१६) उपस्थित झाला होता आणि त्या प्रश्नाचे होकारार्थी उत्तर देऊन आयोगाने इन्शुरन्स कंपनीला चांगलेच फटकारले होते. मात्र ह्या निकालाविरोधात इन्शुरन्स कंपनीने मा. सर्वोच्च न्यायालयात अपील दाखल केल होते (सिव्हिल अपील क्र. २६१४/२०१९) आणि मा. सर्वोच्च न्यायालयाच्या मा. न्या. धनंजय चंद्रचूड आणि मा. न्या. हेमंत गुप्ता ह्यांच्या खंडपीठाने ग्राहक आयोगाचा निर्णय रद्द करून इन्शुरन्स कंपनीला चांगलाच दिलासा दिला.

11) MTP ACT Amendments were given permission, by the GOI gazette, to be followed from 24 th September 2021. Dr Nikhil Datar, a consultant obstetrician from Mumbai who is an activist for getting MTP Law amended, has told that many loopholes in rules and regulations regarding implementation of the Amendments are yet there and said he has submitted a 60 page report for the same.

12) Bombay High Court Issues Guidelines To Shield Anonymity in workplace sexual harassment complaints: (Dated 27.9.21)

No Media Reporting, Public Disclosure Of POSH Case Judgements Without Prior Approval:

These are the first of the kind guidelines issued by a High Court in relation to cases arising out of workplace sexual harassment t complaints. The Bombay High Court, issuing guidelines for cases regarding Sexual Harassment of Women at the Workplaces, has directed that such matters will be heard either in-camera or in the judge’s chambers, orders are not to be passed n court and should not be uploaded on the official HC website either. in open c A bench of Justice Gautama Patel has further barred the media from publishing proceedings under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 or reporting on a judgement without the court’s permission. The POSH Act is applicable to every organisations, department, establishment and workplace, company employing 10 or more employees (full time, part time, interns of consultants included) irrespective of its location or nature of the industry. The important feature of the Act is that it envisages the setting up of Internal Complaints Committee (ICC) at every office of the organisation or institution, having more than 10 employees, redress complaints pertaining to sexual harassment. hear and Where the number of employees are less than 10, the Act provide for setting up of Local Committee (LC) in every district by the District Officer. The committee while inquiring into such complaint shall have the same power as vested in a civil court.

      MEDICOLEGAL CORNER

Dr. Meenakshi Deshpande                                                                                        Dr.Jayant Navarange

              Chairperson MLCommittee                                                                                      Co-Chairman MI.Committee

Cell: 9922464365                                                                                                         Cell 9890206303

       Updates on Bombay High Court hearing in intervention filed by IMA Pune in PIL. (Continued from the last issue)

Honorable Chief Justice, Mumbai High Court, Mr Dipankar Dutta had directed Adv Kumbhkoni to formulate a procedure acceptable to State Government and to form a special cell to handle such complaints before FIR is filed on the doctor. It was also requested to Mr. Thakare furnish us with a copy of the Act for the prevention of violence against healthcare professionals and institutions as accepted by the Committee formed by the State Government.

On 29th June, Tuesday during the meeting in the Mumbai, High Court, Adv. General Kumbhakoni had assured Dr. Meenakshi Deshpande that the government does not have any objection to MedicoLegal immunity and he would appraise the court during the hearing. We are yet waiting for the State to confirm to us in subsequent hearings Regarding the procedure to be followed in the event of a patient/relatives filing an FIR police complaint, at the same meeting, it was discussed that a similar directives GR had already been issued in 2010, which were not followed by Government, which had clearly mandated inclusion of MMC representative in the Expert Committee.

In fact, Maharashtra Government vides its GR date 26/03/2010had directed to constitute a committee for examining complaints of medical negligence at the level of each district, in which there was one member of Maharashtra. Medical Council. But By GR dt 31/01/2014 the Government has given the responsibility of constitution for such a committee to the Medical if it exists in the district and removed the requirement of a member of Medical Council from such committee. Dr Shivkumar Utture, President MMC has cleared in his mail that MMC members are not invited to District Expert Committee.

So, we have sent a letter from IMA Pune, on 26 th July 21, to all IMA MS branches Presidents and Secretaries to collect information about whether MMC members are included in such District Committees. We are planning to submit this discrepancy along with data as under for the consideration of High Court at Bombay, with the next Affidavit.

We have prayed for Medicolegal Immunity for doctors working in Pandemic and also for:

• Strong Act for prevention of violence including harassment from patients.
• Expert committee opinion is mandated for any Civil and consumer cases and such the committee should have a representative from MMC (please read GR of 26 March 2010)

We have given previous references that

1.  Hon’ble Chief Justice of Bombay High Court has expressed concern regarding frivolous complaints against doctors https://www.livelaw.in/news-updates/bombay-high-court-case-against-doctors-cant administer-drug-175526.
2. Hon’ble Chief Justice of India has expressed concern regarding doctors being subjected to violence for none of their faults.

MEDICOLEGAL CORNER

Dr. Meenakshi Deshpande                                                                      Dr.Jayant Navarange

Chairperson MLCommittee                                                                     Co-Chairman MLCommittee

Cell: 9922464365                                                                                        Cell :9890206303

Updates on Bombay High Court hearing in intervention filed by IMA Pune in PIL.

Dr R.D. Joshi has filed a case in Mumbai High Court for Necessary Action by Govt. on Violence against Doctors Act, which has some lacunae in itself and as well as in its Implementation. Adv.Nitin Deshpande ,a Mumbai High Court Advocate is helping us to plead these cases.

Upon his request, IMA Pune had filed an intervention application in the PIL by Ms Sneha

Marjadi  [10276/2021], in which COVID 19 issues regarding management were to be discussed. Firstly, An Affidavit was made by Dr.Jayant Navarange, MedicoLegal Expert of IMA Pune, in which it was pointed out that COVID 19 management issues are discussed in the court and published in media because of which patients, who have lost relatives are filing cases saying that “doctors did not follow protocols etc and doctors are being harassed. The strategies were changing and so were the various protocols and suggested methods. The disease being new to the world, the guidelines kept on changing. Research studies results came very late in first wave and the second wave presentations were quite different and severe. In such scenarios, medicolegal immunity is of utmost need [as done in USA and UK Who will protect Indian doctors in such situations?

In the first hearing in the month of May 21, Dr Jayant Navarange. Medicolegal Expert of IMA Pune filed an affidavit of 75 pages. Various problems faced by doctors and hospitals, like nonavailability of Beds, Remdesivir, Oxygen and important drugs, along with disbelief in reports were highlighted. In any mortality, patients relatives have become extremely intolerant and take the law into their hands. Protection of Covid treating doctors is essential under the Epidemic ACT, for a safe and secure working environment. The bench said that we can defend the suits and succeed, but a lot of time money and energy will be wasted in fighting such frivolous sults. There was discussion on Tocilizumab and Dexamethasone etc and petitioners advocate started pointing out that doctors are using it indiscriminately and in spite of unavailability, the drug is being prescribed” So they wanted proof from COVID treating hospital owners regarding the problems faced and availability issues. The hearings continued three days every week online. The Judges told the advocate general that since neither the petitioner nor the advocate generals were experts and Judges had no knowledge about intricacies of medicine no order can be passed by the bench regarding alleged misuse of the drug. Dr.Navarange visited Mumbai High court with Adv.Nitin Deshpande and Dr.R.D.Joshi and told them about differences in dexamethasone and Tocilizumab and different mechanisms of action and different indications and told the bench that it is not correct to say that instead of Rs. 10 drug costing 40000 is being given for financial gains

The second Affidavit was provided by Dr Sanjay Patil, Chairman HBI, Pune in which many hospitals affiliated had given complaints / grievances regarding unavailability of Remdesivir, Oxygen, Tocilizunab, especially in the second wave, when the virus was very dangerous and patients came in critical stages. Many patients were in dire need of above especially high flow oxygen and the proofs that important injections, oxygen were provided in short supply and much higher rates were attached. The need of oxygen bank, need of electrical audit in to fire audit, etc, issues were put forth in the affidavit

addition The hearing of matter of Sneha Marzadi 10276/2020 dt 09/06/2021 the Hon’ble Division Bench had directed the State Government to submit details as to how protection can be provided to doctors from harassment due to frivolous complaints filed by patients and their relatives in police stations. Hon’ble Chief Justice had suggested to use directions in Laita Kumari vs State of UP in which there is a list of situations (which includes medical negligence) in which preliminary inquiry is required before filing FIR.

In continuation of this issue, on 10/06/2021 we had submitted details regarding Bolam test Jacob Mathews Judgment, Maharaja Agarasen’s Judgment and Judgment of Lalita Kumar’s case. Hon’ble Chief Justice had requested to submit a procedure to be followed which is acceptable to the Government. Dr. Rajeev Joshi, and Mrs Bhagyashree Rangari, Advocate from Public Health, Adv.Nitin Deshpande, had a meeting with hon. Justices. We had described all the issues faced by the doctors, and they assured us to look into these issues. But unfortunately in spite of filing two affidavits, matter was not given adequate importance

by Advocate General of State of Maharashtra or the bench. Subsequently on 15th June, we had submitted an affidavit f Dr. Meenakshi Deshpande Chairperson Medicolegal Committee IMA Pune (in 10276/2021) in which IMA had suggested a procedure to be followed after we conducted a meeting with IPS officers who are medical graduates. The procedure is summarized as under.

1. Patient/relatives file police complaint in writing
2. Police send the complaint to the Doctor/hospital
3. Doctor/Hospital gives reply with copy of case paper
4. Police sent the documents to expert committee (IMA can help in this formation and responsibilities)
5. If the expert committee report suggests that there is no negligence, FIR is not filed
6. If the expert committee report suggests that there is negligence, then FIR is filed

On 22nd June, during hearing of CRIMINAL PIL 2332/2020, R.D. Joshi vs State of Maharashtra and others. Mr Thakare has assured the Hon’ble Court that the Committee formed by the Government had its meetings and the Draft of Proposed Act is nearly ready. It be submitted to the Hon’ble Court in two weeks time. On the same Mr. Thakare referred to Lalita Kumari Judgment, Adv General Kumbhakoni, started with Jacob Mathews, Lalita Kumari, Maharaja Agrasen and other judgements, in which views and counter views regarding Bolam’s test are discussed, but conceded that Jacob Mathews judgment has not been diluted in, so far we day, as cases for negligence are concerned. The Chief Justice pointed out that in Lalita Kumar’s case, Supreme Court has given list of cases in which there should be preliminary enquiry before Su filing FIR and asked Adv. General Kumbhakoni to form a special cell to handle on lines similar to cyber cell or narcotic cell or cell for financial crimes etc. He appreciated the such complaints, suggestion and said that Government will look into it. Adv Gen. Kumbhakoni also said that that is different matter about violence and this is different matter about negligence. Justice Kulkami said “for violence also the same cell will function” “We are living different times now” he said. lose their relatives feel that it is due to negligence of doctors. They either file a police Those who lo complaint or then vandalize hospitals. Both these should be curbed because “if doctors are not protected, tomorrow there will be no doctors to treat. We have to do something; hence we will pass order. Hon’ble Chief Justice had directed him to have a meeting and revert with procedure acceptable to the Government as discussed before. We are awaiting the further proceedings.

     Medicolegal Updates

Dr. Meenakshi Deshpande Chairperson                                                Dr. Jayant Navarange: Co-Chairman

1. IMA Pune intervention appeal in PIL regarding Covid 19 is going on. We have provided several affidavits as per the letters received from hospitals. regarding the shortage of Remdesivir, Oxygen, essential services for COVID management.

        2. MTP law amendments are passed by both houses of parliament on 19.3.2021. yet not accepted as Law as President has to sign. Two main                 changes-A.) Extension to 24 weeks only for rape victims! B.) For gross, life-threatening anomalies, no time limit to do the termination.           Many more demands are not accepted. One major flaw seen is 2 the committee established by the Central govt has many doctors not registrable under MTP act like Pediatricians, Superintendents/Deans etc!

3. Live telecast of surgeries is legally permissible for the following purposes. a) for educational purposes during medical conferences with prior written consent of the patient (preferably with video-recording) and the audience consists of persons qualified in modern medicine.
4. b) for consultation with/ expert opinion from experts from India or other countries such type of consultations during live surgery will not be allowed

    4. Doctors are expected to submit proper reports/records, certificates. The records should contain symptoms, diagnosis, seriousness in clear handwriting -esp in court matters, to get an extension of bail etc. The doctor will be held guilty and may face cancellation of registrations. (As per Delhi High Court DTD. 5.4.2021)

5. Hospitals should not wait for the RTPCR report to give emergency treatment to Telangana HC on 18 th May 21. This Directive came when a pregnant woman who waited in an ambulance outside the Hospital…died. She was refused by many hospitals because RTPCR report was unavailable. There were many such cases reported all over India.
6. Cases of mucormycosis are now notifiable. An online notification portal is formed by GOI.

      7. It is mandatory for an RMP to mention his registration number issued to him by the Medical Council of India or any State Medical Council on the payment receipt/money receipt issued by him to his/her patients. Medical Council can initiate disciplinary action against him as per the provisions of Clause 7.3 IMC Regulation, 2002. clause of Misconduct..of omission.

8. IMA has revealed the latest data that as many as 244 Indian private doctors have lost their lives in the ongoing second wave of the COVID-19 pandemic. (Total of 1244 from 2020) Rajasthan HC has issued notice to govt on PIL seeking 50 lakh exgratia insurance for private practitioners who have succumbed to Covid. (20 May). Many private practitioners were forced to keep their clinics open and examine patients.

      9 Lactating women must be given COVID vaccination as per the schedule. This is cleared by GOI, but breastfeeding not be stopped                                  Vaccination during pregnancy is recommended but not permitted by GOI yet

10. 3 doctors face Medical Council wrath for allegedly issuing False Medical Certificate to the patient, 28th May 21, by Tamil Nadu medical council, The SMC has told to cancel their registration for 6mth-1 yr
11. A commerce graduate wanted to and did treat COVID patients, Calcutta HC rejected this. Initially fined 10 lakhs, but when the court came to know he was unemployed, he was fined 1000/-,
12. POCSO ACT. BOMBAY HC, Nagpur bench decision is important that unless doctor gets information, knowledge or suspicion about the commission of child sexual offence, doctors are not to be prosecuted just because they did not suspect or inform the police
13. All private hospitals are duty-bound to provide timely medical help otherwise it will

be a breach of Article 21 of the constitution. (Patna HC decision) 14. Hospitals are accountable for actions/inactions of their doctors and also of visiting

consultants and staff Rs. 20lacs awarded by NCDRC in a Kanpur case. 15. Assaults on COVID treating doctors and Hospitals are taken very seriously by High Court and IMA has demanded severe form of punishments for the culprits.

Online Certificate Program in Law and

Medical Profession, offered by Indian Law Society

and Indian Medical Association, Pune 2020-21

Report on the programme.

Faculty Incharge-Dr Meenakshi Deshpande, (Chairperson IMA Pune Medicolegal Committee Dr. Jayant Navarange and Ms. Smita Sabne (ILS).

Indian Law Society and Indian Medical Association, Pune jointly launched a unique Certificate Programme in Law and Medical Profession.

Objective. This program was aimed at sensitizing doctors, police personnel as well as lawyers, in the medico-legal aspects of law and medicine so that they develop an interest in this interdisciplinary program The lectures were delivered by lawyers from Delhi, Pune and Mumbai and also the experts in medicine, law and forensic science.

The Certificate Program was of 10 sessions on Saturdays, from 30th of January 2021 to 3rd of April, 2021 A total of 57 camo pants consisting of doctors and advocates and other medical caregivers enrolled

The program was divided into 10 Sessions:

1.       Introduction
2.         Medical Jurisprudence
3.         Documents and their Identification.
4.         Consumer Protection Law
5.         Professional Negligence
6.         Recourse to legal proceedings-When implicated
7.         Protection of healthcare professionals and hospitals
8.         Legislations related to healthcare
9.         Other Important Issues,
10.         Emergency situations and Law

Introduction And Inauguration were done in Session 1 on 30th January Dr. Swatee Yogessh, Assistant Professor, ILS, Pune and Dr. Rajan Sancheti, Secretary, IMA Pune, gave the welcome address and Dr. Aart Nimkar President, IMA Pune, introduced the program Later. Dr. Meenakshi Deshpande Chairperson Medicolegal Committee, IMA. Pune introduced the Medicolegal Committee of IMA, Pune Justice Mridula Bhatkar, Former Judge (High Court of Bombay) President. ILS, Pune, gave her speech & spoke about the importance and role of doctors in society. This was followed by the address of Dr Jayant Navarange, Executive Trustee IMA Trust Board, IMA, Pune wherein he mentioned the objective of the program and highlighted an important issue in this interdisciplinary field i.e. the lack of clarity in the difference between medical negligence and medical accidents. Dr. Tatyarao Lahane, Hon’ble Director, Medical Education and Research, Maharashtra State, in his presentation gave an overview of the course and stressed some important points such as doctor-patient relationship, confidentiality, patient as a consumer etc. In his talk, Dr. Dilip Sarda. Executive Member MMC & Past President IMA Maharashtra spoke about the role of the Maharashtra Medical Council and its regulation of the medical profession. It was followed by a lecture on ‘Administration of Justice by Dr Nilima Bhadbhade. Lawyer, Consultant and a trainer She spoke about the Indian Legal system the hierarchy of courts and the consumer forums. The session finally concluded with a presentation by Dr. Rajeev Joshi. Immediate Past President, IAMI (Indian Association for Medical Informatics) on current issues in the interdisciplinary context of law and medicine, lack protocol in treating a patient, violence against doctors which was followed by Q&A session and panel discussion.

The 2nd session on Medical Jurisprudence was chaired by Dr. Meenakshi Deshpande, who gave a brief introduction to the topic of the session. The first speaker, Dr. G.K. Goswami, IPS officer, currently serving as the Chief of ATS Uttar Pradesh, spoke about the jurisprudence of forensic evidence and its application in criminal justice administration& how forensic science can be useful in tackling the challenges faced by law enforcement agencies during the investigation of crimes. The second speaker, Dr. Naresh Zanjad, Professor & Head of Department of Forensic Medicine, B.J GMC, spoke about the identification of individuals and its importance in the medico-legal field. He discussed DNA fingerprinting at length and also talked about the collection and preservation of forensic samples Finally, the speaker, Dr. Anil Joshi, Chief Medical Officer (Retd), Pandharpur Municipal Council, covered the topic of medico-legal Autopsy, its procedure, the autopsy protocol involved in the ancillary investigation.

The 3rd session on Documentation and Identification was chaired by Dr. Meenakshi Deshpande, who gave a bref introduction of the topics for the session. The first speaker Dr. Pratibha Kane, the Anaesthetist, covered the topic of consent and patient autonomy, the importance of consent and the prerequisites of valid consent, the value of a consent form, barriers to informed consent. The second speaker, Dr. Shiv Kumar Utture, President, Maharashtra Medical Council, spoke about the ‘duty of care involved in the medical practice. He explained the legal as well as the medical definition of duty of care and dwelled into the standard tests applied by the courts while dealing with the cases of medical negligence code of medical ethics, medical records, medical confidentiality, etc. Thereafter, the speaker for the session, Adv. Tejas Karia, Partner and Head of Arbitration Practice at Shardul & Co. Delhi, thirds looked into the legal aspect of the topic, talked about electronic evidence and medical records, electronic evidence as given under the Indian Evidence Act, 1872 and discussed all the relevant provisions & various initiatives taken by the government in that regard.

The 4th session on Consumer Protection Law was chaired by Dr. Vajayanti Patwardhan, MCM, IMA Pune, who gave a brief introduction about the topic. The speaker for this session, Dr. Santosh Kakade. Non-judicial Member, Maharashtra State Consumer Disputes Redressal Commission, gave an overview of the Consumer Protection Act, 2019, along with its applicability to the Medical Profession, like a change in the Redressal Authority. Jurisdiction, the introduction of Mediation, etc. The landmark case of Indian Medical Association Vs VP Shantha 1995, brought medical services under the purview of the Consumer Protection Law, Although the definition of “service did not explicitly mention medical services, but, since the definition was not exhaustive, the 2019 Act, is also applicable to the medical profession. The second speaker, Dr. Jayant Navarange, MedicoLegal expert IMA Pune spoke about, how the Medical records that register the entire details of patient care, can be of great help in situations of medical cases. They should be preserved well and be concise, clearly written, signed, dated, and with informed consent. The certificates must also be true, clear, and with the identification details of the patient.

The 5th session on Professional Negligence was chaired by Dr. Padma lyer, PP IMA Pune, who gave a brief introduction. The first speaker for this session, Dr. Jayant Navarange, introduced the aspect of Medical Negligence Different approaches have developed and become settled principles like the Bolitho principle. The second speaker, Ms. Rajalaxmi Joshi, Assistant Professor, ILS, Pune, spoke about Civil Liability Duty to care, breach of duty to care, and consequential damage from its essential components, the liability can also fall on the hospitals and they can be held vicanously liable. The third speaker, Dr Satish Tiwari, Founder President, Indian Medico-Legal & Ethics Association, explained about Landmark Judgments, the cases of Jacob Mathews vs Union of India, 2005, and Dr Martin D’souza vs. Ishfaq Mohd., 2010, are principally important for doctors

The 6th session was on Recourse to legal proceedings-when implicated. Dr. Raju Varyani, Hon. The treasurer of IMA, Pune, chaired the session. The first speaker, Adv Rohit Erande, Civil lawyer, talked about the importance of a legal notice which one must accept or else it would be interpreted adversely against the person. Civil medicolegal cases are usually filed in the consumer court, a criminal medicolegal case covers the death of a patient in the hospital which is governed by Section 304(2) and Section 304A of the Indian Penal Code. Section 304(2) is a non-bailable offence and 304A is bailable. Doctors are saved by the Supreme Court judgement of Jacob Mathew vs State of Punjab, where guidelines are laid down for taking criminal action against doctors. The second speaker, Adv Madhav Khurana, lawyer, touched upon the prosecution of doctors for offences, under the Indian Penal Code. At the time of being a witness, a doctor must give accurate and complete information of the surgery or procedure performed to streamline the course of justice. Doctors leading evidence at a trial, have the burden to disclose all specialized facts known to them. This would enable them to defend the case by establishing their credibility. If doctors face prosecution, they should explain why the act was the correct thing to do at the time. To prevent the charge of negligence, doctors must lead evidence. A doctor may only go ahead to disclose confidential patient information in a formal investigation. If the doctor suo motto does so, he/she is inviting prosecution. Issues that plague the doctors are the role of evidence, witness, expert committee, and arrest of doctors. The third speaker, Dr. Vinay Koparkar Managing Partner, Papillon Mediation & Negotiation, LLP, discussed the process of mediation and ADR as a process, in a medicolegal case. He emphasized the importance of knowing the interest expectation of both parties in a medico-legal mediation and the same being a useful mediation strategy & the importance of a retra mediator

The 7 th session “Protection of Healthcare Professionals and Hospitals was chaired by Dr. Sangay Pa Chairman HBI IMA, Pune who introduced the issue of violence against doctors and other healthcare professionals Dr. Chandras Karve, Chief Executive Officer of Maharashtra Medical Foundation, in his speech spoke about registration of hospitals, FDA regulations for drug storage and Bio-Medical waste management rules among other important things This was followed by a presentation on Protection of Doctors and Hospitals from assault by patients/relatives/friends given by Dr Rajeev Joshi. In this session, he highlighted various statistics to show the current situation. Further, Adv. Rishikesh Ganu, the Notary and a practising lawyer, gave a lecture on Insurance and Medical Profession

The 8th session on Legislations related to Healthcare was chaired by Dr BL Deshmukh, President-Elect IMA, Pune. The first speaker, Dr. Meenakshi Deshpande, discussed the Medical Termination of Pregnancy Act. Preconception and Pre-natal diagnostic techniques (Prohibition of sex selection) Act. The POCSO Ad Sterilization Rules and Regulations. The second speaker, Dr. Avinash Pujan, presently a teaching faculty at MIMER Medical College, Talegaon, discussed the Registration of Births and Deaths Act. The act also provides a time limit within which the registration has to be done and the due procedure to follow in case of delays. The third speaker Adv. Shrikant Malegaonkar, practising Advocate at Pune Labour/Industrial Courts and at the Bombay High Court touched upon the legislations pertaining to human resource at healthcare establishments, Industrial Disputes Ad which provide for a dispute control mechanism between the workers and the employers, the Prevention of Sexual Harassment at workplace Act which prohibits sexual harassment against women at workplace. Other legislations include the Payment of Wages Act, Payment of Bonus Act, and various Human Rights Laws

This 9th session on Other important issues was chaired by Dr. Rajan Sancheti, Secretary, IMA Pure Dr. Meenakshi Deshpande, Chairperson, Medicolegal Committee, IMA, Pune, was the first speaker. She presented on Female sterilization and covered all the legal implications attached with Female Sterilization and additionally three some light on Pharmacy Act as well. The next speaker Dr. Prathiba Kane spoke on the Transplant of Human Organs Act, 1994 gave the participants insights on the legal nitty-gritty’s on the topic and enunciated the various aspects of Blood Banks and Transfusion Services. The third Speaker was Dr. GS Jaya, Chairman, NASCAR presented and explained the nuances of Information Technology (IT) law and Health in India which involved Last Speaker was Dr. Soumitra Pathare, Director, Centre for Mental Health Law & Policy. ILS gave the participants a ling of the Mental Healthcare Act, 2017. deep perspective and understanding of t

1.  IT act, Disha, Personal Data Protection.
2.  NHP, NDHB and NDHM
3.  Cyber Forensics,
4.  Information Governance, IDHP [Scotland), NHS

The 10th session, Emergency Situations and Law was chaired by Dr. Ashutosh Jape, Secretary of the Medico-Legal Committee IMA, Pun first speaker, Dr. Dilip Walke, Gynaecologist, gave a presentation on Victims of Accident wherein he discussed doctors and hospitals’ duties in case of road traffic accidents and also spoke about the proposed Good Samaritan Bill. This was followed by a session on Nursing and Law’ by Dr. Sandhya Gupta, Formerly – Principal(actg) CON, AIIMS. The third speaker, Dr. Sandeep Yadav, President, Maharashtra Association of Practicing Pathologists and Microbiologists, gave a presentation on “Laboratory and Law’ wherein he highlighted the issue of legal Laboratories. Further, Dr. Sudeep Kale, President, Maharashtra State Occupational therapy & Physiotherapy Council, spoke about Physiotherapy and Law and this was followed by a session on Patient Safety by Dr. Sanjay Gupte, Chairman of the Committee for Ethical and Professional Aspects of

Human Reproduction & Women’s Health under FIGO. The session finally concluded with a presentation by Dr. Jayant Navarange, Executive Trustee, IMA Trust Board, IMA, Pune on ‘Euthanasia and Living Will Question and answer sessions of all the sessions were moderated by Dr. Rajeev Joshi. All the sessions saw a lot of participation by the participants.