Medicolegal aspects of practice
Dr. Nikhil Datar.
MD.DNB.FCPS.FICOG.LLB.DGO.DHA
GYNAECOLOGIST & MEDICO LEGAL CONSULTANT
Assistant Honorary: Dr R N Cooper Hospital
Consultant Gynaecologist: Nanavati Hospital. Mumbai
Director. Datar Nursing Home. Malad Mumbai
Medico legal Consultant : Kaylegal (Law firm)
Vice president: Association of Medical Consultants
Past President: Association of Fellow Gynaecologists
Dr Nikhil D. Datar
Why are we at “gun point?”
 Society
can not decide whether we are
service,industry, buisness,
vocation,profession…
 Society does not recognise anybody
else other than a doctor in health care
 Health infrastructure is least important
in country
Dr Nikhil D. Datar
 Society
does not have good redressal
mechanism as councils are defunct
 Excessive thrust on diagnostics and no
importance to preventive health care
 We lack standardization so we can’t
prove standards
Dr Nikhil D. Datar
Most important areas:
 Death
certificate and death related
 Emergency care
 Police procedures & criminal negligence
 Crosspathy practice
 MTP Act and PNDT Act
 Medical council regulations.
Dr Nikhil D. Datar
Cause unknown
Or
PM mandatory
Cause known surely
Dr Nikhil D. Datar
Death Certificate:
To Be (given) Or Not To Be
(given)!!
Dr Nikhil D. Datar
Death certificate
 Give
it… may be sensed as “hush-hush”
in the matter
 Not give it… sensed as “ended life but
harassment unending ”
Dr Nikhil D. Datar
A doctor can give DC:
If he knows the cause of
death
And
not otherwise
Dr Nikhil D. Datar
Inform the police:
When
cause of death is not
known
When
cause of death is known
but………….
Dr Nikhil D. Datar
When to inform police
 Death
linked with abortion
 Death
on operation table or post op
24 hours
 Death
related to medical procedure
Dr Nikhil D. Datar
When to inform police:
 Death
related to accidents or violence
 All
deaths related to tubal sterilizations
(PM mandatory)
 When
there is allegation of medical mis
management
(source:J.K.Mason .Edition III)
Dr Nikhil D. Datar
Section 304 A:
Whoever causes the death of any
person by doing any rash or
negligent act not amounting to
culpable homicide shall be
punished with imprisonment for
two years , or with fine or with
both.
Dr Nikhil D. Datar
Interaction with the Police
Informing
Police
the police
“Panchnama”
Handing
over the papers
Dr Nikhil D. Datar
Arrest of a doctor
PM
report
Opinion
of police surgeon
Discretion
of the IO
Dr Nikhil D. Datar
Emergency care
 Paramanand
Katara
 Parwatkumar
“Consideration can wait ….”
- National commission
Dr Nikhil D. Datar
Problems:
 Poor
infrastructure
 Lack of multispeciality
 Poor transport services
 Poor support from public and police
Dr Nikhil D. Datar
Cross pathy:
Dr Nikhil D. Datar
MTP Act & PCPNDT Act
Dr Nikhil D. Datar
Every right has a corresponding
duty..
This is so true ….
For doctors …
but not for the patients!
Dr Nikhil D. Datar