This was established in 1992, by stalwarts and founder members Dr . Subhash Behere, Dr Jayant Navarange, and the late Dr Mahesh Tulpule. Dr Sanjay Gupte, Dr. were also present.
The main objectives included promotion and upgrading the medical knowledge of clinicians in association with relevant laws, rules and regulations, which are applicable in day to day practice. Such advancement of Medico-legal information also aims to uphold the dignity of the medical profession with cooperation amongst members by helping them to face such situations. It also aims to improve the knowledge of allied professionals and scientists, thereby improving the practice principles.
For attaining these, our branch conducts regular monthly morning meetings with case discussions on active problems and their solutions, which are attended by dedicated members and lawyers. Advice and counselling sessions are offered and arranged to IMA member doctors who find themselves in grave and complicated situations :
- PMC hospital issues and problems
- Labour laws and issues
- MSEB tariff issues
- Certificates and records
- Death certification
- Human Rights Issues
- Information Act Notices
- Problems faced I/v/o tubectomy, sterilization, MTP, PCPNDT, POCSO Act
- Criminal arrest warrants
- Hospital violence / damage
- Compensation Claims
We are very much proud and glad to say that, under the leadership of Dr Jayant Navarange Sir, IMA Pune MedicoLegal Cell has helped more than 2350 doctors in such complicated cases, with positive results. Our ML cell is an asset to IMA Pune and has tremendous value addition for its members. All members trust the cell so much that even they seek help for their personal legal issues like family problems, inheritance and succession planning or disputes, matrimonial disputes, property and land matter too.
I am proud to announce that Lately, this cell has completed it's SILVER JUBILEE.
We have also conducted a first of it's kind, in the year 2016-17
IMA Pune Certificate Course in MedicoLegal issues, designed by Dr Navarange Sir, helped by Dr . Meenakshi Deshpande, which was of 7 full day module. Many stalwarts were invited as faculty, who rendered an excellent teaching and interactive couture. More than 70 doctors were benefited from this course. Now latest is we are running an ILS with IMA Pune 10 module Online certificate course of Medical profession and Law. More than 55 persons have registered for this 10 module, Saturday afternoon online course and getting benefitted by interesting and interactive discussions.
Dr Meenakshi Deshpande
CELL : 9922464365
Laws are of 2 types: 1
Substantive-Le. they lay down the principles and interpretation is very important eg. Indian Penal code, Contract Act, Evidence Act, Consumer act. POCSO. You need
to understand them well.
2 Procedural laws-eg. Civil procedure code, CrPC, Bio-medical waste disposal, MTP act, Registration, Stampact-you have to follow them by letter and not just spirit
Usually, laws are a variable mix of both Recent/forthcoming changes inlaws:
1. Bombay Nursing Home Reg. Act 1949 to Clinical establishment Act 2010->
Maharashtra CEA (yet to come)
2. Consumer Protection Act 2019 in place of CPA 1986
3. Mental Healthcare Act 2017-soon will be implemented in Maharashtra also 4. Rajasthan in April 2019 released a draft of the “right to healthcare” Act. 5. National Medical Council bill 2018-got applied fully from 2020-MCI quashed
6. HOTA (Transplant act) 1995, with amendments.
CPA 2019-Several changes are effected-It is very much applicable to the medical field. Now forum will be called Commissions; jurisdiction depends on the cost incurred and not on compensation demanded; patient can file a case in district of his residence; mediation and reconciliation added statutorily; up to 1 cr cases in district forum. Judicial members are not a must on the bench.-these are the sallent features. V.P.
SHANTHA VIMA, SC,1995 OCT. over-rides any other conclusion. IPC and Cr PC: 588 to 95 are saving clauses and basis of consent. They define the age of consent also-5304
(A)-death caused by rash & negligent act without intention, not amounting to murder Several sections on miscarriage, adultery, rape, criminal intimidation, grievous hurts etc CrPC tells about summons, warrants, bails, anticipatory bail, compoundable offences etc.
When to inform the police? PCPNDT, MTP etc-Esp. important for OBGYN. to follow very strictly
POCSO-you may get caught inadvertently-It’s a new and very very strict act, without bail. All these laws involve criminal justice and hence the police Any sexual act below 18, even with consent.
is now rape
Many times, doctors face courts due to later matrimonial disputes-even years later LATEST: PCPNDT & Form F as they exist, are constitutional and have to be complied-3rd May 2019 SC
in FOGSiv Union of India WP(129/2017-so Form, F is most important!
Indian Contract Act Defines what is valid (& informed) Consent; Insurance systems.
Principle of estoppels. ICA is Basically, civil law, $25 company le. non-profit company
1. Shop Act-Sept 2017-Every establishment (including clinic) employing > 10, to register-Rest all have to “intimate” to facilitator online, [though shop act is not applicable. Bombay HC has given stay now, till 23-11-17 when 1st hearing is ordered. Walt & watch!-but now 2019 Feb, again made applicably]
2. Anti-cut law-Very much on cards. Penalty, Imprisonment. Anonymity clause removed