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eMediNexus 02 February 2022
Doctors have the right to practice in the best interest of patients even in medicolegal cases.
In Pt. Parmanand Katara vs Union Of India & Ors on 28 August, 1989 AIR 2039, 1989 SCR (3) 997, the Supreme Court of India, in the context of medico-legal cases, emphasised the need for providing immediate medical care to injured persons to preserve life and the obligations of the State and doctors in that regard. The Court observed: “Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession.”
Regulation 13 of the Code of Medical Ethics by the Medical Council of India also says that the patient must not be neglected. “A physician is free to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency or whenever temperate public opinion expects the service…”
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