UNIT 3 LEGAL ASPECTS AND
CONSUMER PROTECTION ACT
Structure
3.0. Objectives
3.1 Introduction
32 Medicwlegal Aspects of Clinical Practice
3.2.1 Definitions
3.2.2 Duties and Responsibilitesof Doctors
3.2.3 Professional Secrets and Priveleged Communication
3.2.4 Consent
'
33 Consumer Protection Act
3.3.1 Definitions
3.3.2 Consumer Protection Councils
3.3.3 Consumer Disputes Redressal-Agencies .
3.3.4 Other Salient Features
3.4 Application of Consumer Protection Act in Hospitals
3.4.1 Historical Perspective
3.4.2 Recent Judgement of Supreme Coufi
3.4.3 Implications for Health Professionals
3.4.4 Profess~onalIndemnity Schemes
3.5 Medical Records
3.5. L Importance of Medical Records
3.5.3 Storage and Custody of Medical Records
3.6 Let Us Sum Up
3.7 Answers to Check Your Progress
3.8 Further Readings
3.0 OBJECTIVES
After going through this unit, you should be able to:
enumerate the medico-legal duties and responsibilities of doctors;
explain the implications of Consumer Protection Act for hospitals; and
t
describe the importance of medical records in hospitals.
3.1 INTRODUCTION
In this unit you will learn about the medico-legal aspects of clinical practice, implications of -
the Consumer Protection Act and its application in hospitals, and the importance of medical
records.
In this unit you will also learn about the medico-legal duties and responsibil~tiesof doctors,
the types of consent used in clinical practice. With the advent of the Consumer Protection
Act in 1986, the number of litigations against doctors has increased. The literate and fully
aware patient has started asking for rights; and the recent judgement of Supreme Court has
brought a number of government hospitals under the ambit of this Act. This unit also
, < Iiallenges
i n Hospital describes implications of the act for health care professionals. and gives an overview of
Management
professional indemnity schemes.
Importance of proper medical records cannot be over looked in such a scenario; and m this
unit you will learn about the importance of maintaining proper medical records.
3.2 MEDICO-LEGAL ASPECTS OF CLINICAL
PRACTICE
3.2.1 Definitions
A medico-legal case is defined as one. "where an attending doctor, after taking the history
and examination of the patient, thinks that some investigat~onsby the law enforcing agen-
cies are required so as to fix responsibility regarding the case in accordance with the lan of
the land."
3.2.2 Duties and Responsibilities of Doctors
As the basic objective of medical profession is to provide service to humanity. medical
practitioners have certain obligations to the state. The duties or responsibilities can be
broadly categorised into the following:
Compulsory Duties
These include:
i) Compulsory notification of births, deaths and various notifable diseases.
ii) Responding to call for emergency military service.
iii) Reporting of cases of homicidal poisoning.
iv) Reporting of all un-natural deaths.
v) Reporting of cases covered under privileged communications.
Voluntary Duties
These comprise:
i) Responsibility to continue to heat patients with reasonable skill and care. Keep
professional secrets inviolate (except under privileged communications) and take
special precautions whenever needed.
ii) To conduct medical examinations after obtaining due consent.
iii) To conduct operations after taking informed consent and observing the necessary
precautions for safety of patients.
iv) To issue certificates with regard to illness, death, fitness, vaccination, insurance etc.
after taking due care.
v) To conduct post-mortem examination in medico-legal cases after proper authorisation.
vi) To inspect prisons and reformatories after obtaining authorisation.
vii) To attend to accidents as a moral duty.
viii) To conduct medico-legal examinations alld issue relevant certificates.
It is purely the responsibility of the attending doctor to register the medico-legal case at the
earliest. It is important to remember that request of the patient or attendants (relatives,
friends) for not registering the case as medico-legal should not be entertained. Doctors
working in hospitals run or aided by government cannot refuse medico-legal cases; and are
perforce bound to accept such cases. Private practitioners have the choice to select pa-
tients. The main duty of the doctor in such cases is to observe and record findings carefully
and correctly. In case the patient is to be referred to another hospital the referral slip should
be attached to the medico-legal report form. Duplicate copy should be preserved.
3.2.3 Professional Secrets and Priveleged Communication
It is to be noted that the relationship between a doctor and patient is in the nature of an
"implied contract" ; which although not written;is none the less legally effective. This is so
CONSUMER PROTECTION ACT
Structure
3.0. Objectives
3.1 Introduction
32 Medicwlegal Aspects of Clinical Practice
3.2.1 Definitions
3.2.2 Duties and Responsibilitesof Doctors
3.2.3 Professional Secrets and Priveleged Communication
3.2.4 Consent
'
33 Consumer Protection Act
3.3.1 Definitions
3.3.2 Consumer Protection Councils
3.3.3 Consumer Disputes Redressal-Agencies .
3.3.4 Other Salient Features
3.4 Application of Consumer Protection Act in Hospitals
3.4.1 Historical Perspective
3.4.2 Recent Judgement of Supreme Coufi
3.4.3 Implications for Health Professionals
3.4.4 Profess~onalIndemnity Schemes
3.5 Medical Records
3.5. L Importance of Medical Records
3.5.3 Storage and Custody of Medical Records
3.6 Let Us Sum Up
3.7 Answers to Check Your Progress
3.8 Further Readings
3.0 OBJECTIVES
After going through this unit, you should be able to:
enumerate the medico-legal duties and responsibilities of doctors;
explain the implications of Consumer Protection Act for hospitals; and
t
describe the importance of medical records in hospitals.
3.1 INTRODUCTION
In this unit you will learn about the medico-legal aspects of clinical practice, implications of -
the Consumer Protection Act and its application in hospitals, and the importance of medical
records.
In this unit you will also learn about the medico-legal duties and responsibil~tiesof doctors,
the types of consent used in clinical practice. With the advent of the Consumer Protection
Act in 1986, the number of litigations against doctors has increased. The literate and fully
aware patient has started asking for rights; and the recent judgement of Supreme Court has
brought a number of government hospitals under the ambit of this Act. This unit also
, < Iiallenges
i n Hospital describes implications of the act for health care professionals. and gives an overview of
Management
professional indemnity schemes.
Importance of proper medical records cannot be over looked in such a scenario; and m this
unit you will learn about the importance of maintaining proper medical records.
3.2 MEDICO-LEGAL ASPECTS OF CLINICAL
PRACTICE
3.2.1 Definitions
A medico-legal case is defined as one. "where an attending doctor, after taking the history
and examination of the patient, thinks that some investigat~onsby the law enforcing agen-
cies are required so as to fix responsibility regarding the case in accordance with the lan of
the land."
3.2.2 Duties and Responsibilities of Doctors
As the basic objective of medical profession is to provide service to humanity. medical
practitioners have certain obligations to the state. The duties or responsibilities can be
broadly categorised into the following:
Compulsory Duties
These include:
i) Compulsory notification of births, deaths and various notifable diseases.
ii) Responding to call for emergency military service.
iii) Reporting of cases of homicidal poisoning.
iv) Reporting of all un-natural deaths.
v) Reporting of cases covered under privileged communications.
Voluntary Duties
These comprise:
i) Responsibility to continue to heat patients with reasonable skill and care. Keep
professional secrets inviolate (except under privileged communications) and take
special precautions whenever needed.
ii) To conduct medical examinations after obtaining due consent.
iii) To conduct operations after taking informed consent and observing the necessary
precautions for safety of patients.
iv) To issue certificates with regard to illness, death, fitness, vaccination, insurance etc.
after taking due care.
v) To conduct post-mortem examination in medico-legal cases after proper authorisation.
vi) To inspect prisons and reformatories after obtaining authorisation.
vii) To attend to accidents as a moral duty.
viii) To conduct medico-legal examinations alld issue relevant certificates.
It is purely the responsibility of the attending doctor to register the medico-legal case at the
earliest. It is important to remember that request of the patient or attendants (relatives,
friends) for not registering the case as medico-legal should not be entertained. Doctors
working in hospitals run or aided by government cannot refuse medico-legal cases; and are
perforce bound to accept such cases. Private practitioners have the choice to select pa-
tients. The main duty of the doctor in such cases is to observe and record findings carefully
and correctly. In case the patient is to be referred to another hospital the referral slip should
be attached to the medico-legal report form. Duplicate copy should be preserved.
3.2.3 Professional Secrets and Priveleged Communication
It is to be noted that the relationship between a doctor and patient is in the nature of an
"implied contract" ; which although not written;is none the less legally effective. This is so
