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Legal Stand of Medical Practitioner

Nishat Ahmed Sheikh , Nishat Ahmed Sheikh

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Indian Journal of Forensic Medicine and Pathology 8(2):p 53-57, Apr-Jun 2015. | DOI: DOI:https://dx.doi.org/ 10.21088/ijfmp.0974.3383.8215.3

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Every Medical Practioner equally must have sufficient knowledge of law in order not to conflict with it during the practice of his profession. He stands in the Witness box, when he deals with a Medico-legal case or when he prepares and issues a Document or when charges of Medical Negligence are framed against him. Medico-legal case is the property of Law, and the Registered Medical Practitioner is only the custodian for time being. 174 Cr. P. C. empowers the police to enquire and report on suicide, etc. It can also include deaths arising out of investigative and therapeutic procedures performed by qualified medical practitioners of all recognized medical systems. It does not preclude the right of aggrieved relatives of a deceased patient to prosecute the doctor for criminal liabilities under Section 304-A of the IPC, it prevents doctors from being arrested immediately after the unfortunate death of a patient. It also offers doctors an opportunity for being assessed by their peers for any alleged professional lapses. There is a need to emphasize the importance of proper communication skill and vigilantly dealing of the medico legal cases. “Ideal” medical records should be kept in every case. Doctor should use the reasonable degree of skill, care, knowledge prudence in treatment of his patient.

Keywords: Mens Rea; MLC; 174 Cr. P. C; Criminal Law. 

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DOI: DOI:https://dx.doi.org/ 10.21088/ijfmp.0974.3383.8215.3

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