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Adv Mahendrakumar Bajpai, New Delhi    27 November 2019

  • Law and medicine are two different sciences. Medicine is therapy/indication specific.
  • Law is specialty neutral. It has nothing to say on the science of medicine/therapy/indication. Law is merely there to ensure that health care practitioners follow the “Accepted Medical Practice”. Understand law as lawyers, not doctors.
  • The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, published in Part III, Section 4 of the Gazette of India, dated 6th April, 2002 – Always keep an updated copy; Read it at least once in a year.
  • Improper Consent and Improper Documentation – SOPs/Advisories from professional bodies is the need of the hour.
  • Minor mistakes made – Not writing on appropriate stationery; Not writing in continuity; Not attesting notes; Leaving designated spaces/columns blank.
  • Recent Significant Changes – Experience of doctor is specifically taken into account; Allegations of medical negligence only to avoid payment of fees are increasing alarmingly; Patients increasingly suing ‘only’ hospitals not doctors; Allegations relating to diagnosis have doubled; Selection of the other consultant for referral is also becoming contentious.

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