Top Reasons for Receiving Medico-Legal Cases in India

Introduction

Legal cases involving medical problems or facts are referred to as Medico-legal Cases Typically, these instances involve a disagreement or legal action arising from medical treatment or the healthcare system.

Medical malpractice occurs when a Healthcare Professional gives a treatment that falls short of the accepted standard of care, causing harm or injury to the patient. Such negligence occurs when healthcare workers fail to provide reasonable care, resulting in harm or injury to the patient. Healthcare workers engaging in unethical behavior or breaking codes of conduct such as breaching patient confidentiality or engaging in inappropriate patient relationships can also result in Medical Negligence.

Medical Product Liability cases involve harm or injury to patients as a result of defective medical products or drugs. These are just a few instances of medico-legal cases that can occur in the healthcare system. To navigate the legal system, medico-legal cases require expert testimony and analysis from medical experts, as well as legal expertise.

A Medico-legal Case(MLC) is any instance of injury or medical condition in which law enforcement agencies attempt to investigate and assign blame for the injury or medical condition or clinical case with legal consequences, according to a physician.

After obtaining a detailed history and examination of the patient in such cases presented immediately to the hospital. The physician determines that the law enforcement administration should investigate further.

Furthermore, such instances may be referred to a physician by law enforcement for the application of medical expertise and opinion to aid in the administration of justice.

Most Common Causes for Receiving Medico-legal Cases
Survey Report
Dealing with Medico-legal Cases
Cooperating with Legal Authorities & Investigations

Some of the most common causes for receiving Medico-legal Cases are:

Cases of illegal abortions: While abortion is legal in India under certain circumstances, illegal abortions can lead to medico-legal procedures if complications or harm occur as a result of the procedure.
Misdiagnosis, incorrect therapy, and surgical mistakes are examples of medical malpractice. Medical malpractice happens when a healthcare worker causes harm to a patient, either negligently or intentionally.
Medical assault or battery occurs when a healthcare expert administers a medical therapy without the patient’s informed consent, or with excessive force or violence.
Medical ethics violations occur when a healthcare professional violates moral principles or codes of behavior. Such as violating patient confidentiality or acting inappropriately toward a patient.
Cases of medical product liability: Medical product liability refers to circumstances in which a patient suffers harm or injury as a result of a faulty medical product, such as a defective medical device or contaminated medication.
Medical negligence occurs when a Healthcare Practitioner fails to handle a patient with the appropriate level of care, which can result in harm, injury, or death. This is one of the most common reasons for Medical-legal Conflict in India.
Medical quackery occurs when people falsely claim to have medical expertise or credentials or engage in fraudulent or unlicensed medical practices.

Survey Report

Mangaluru: According to a recent survey done by the National Law School of India University (NLSIU), Bengaluru. The rise in medical litigation in India can be attributed to four factors. These include increased consumer awareness, more flexible consumer forums, the cost of medical services, and a litigant mindset among the populace. According to Sairam Bhat, associate professor and coordinator, the Distance education department, and CEERA, NLSIU, Bengaluru.

Bhat was the main speaker at a workshop on rising medical litigation and potential remedies co-hosted by NLSIU, SDM Law College, and the Centre for PG Studies and Research in Law.

He stated that the number of medical litigation cases in the nation is steadily increasing. According to him, consumers are becoming more aware of their rights, obligations, and responsibilities, and they are prepared to confront any shortcomings in service delivery mechanisms.

According to him, the flexibility and simplicity with which consumer forums enable people to file complaints with consumer courts have also aided this trend. Consumers, unlike in a normal civil court, can now readily file a case in a consumer court, he said. He mentioned examples of consumers arguing their cases without the assistance of advocates.

With the rising cost of healthcare, expectations from medical institutions are rising as well, he says, adding that they prefer to blame negligence for even minor shortcomings in service delivery. Furthermore, the Indian public’s fundamental mindset is to ‘litigate.’

They are not afraid to go to court to pursue justice.

According to him, it is in this context that NLSIU has effectively advocated for the use of mediation rather than litigation.

Doctors are in jail because of the Consumer Protection Act of 1986, according to Dr. Suresh B Shetty, head of the department of forensic science at Kasturba Medical College in Mangalore, who released an e-journal.

Noting that the courts are overburdened with cases of medical negligence. Shetty stated that this is not a good indication and that things have progressed to the point where doctors. Both newcomers and seniors – are wary of treating complex cases for fear of being charged with negligence.

Medical negligence cases have risen 400% in the last decade, according to research registry statistics. It should be mentioned that trust between patients and doctors is deteriorating. High pay, according to Shetty, has made Doctors and medical groups wary. He stated that the focus should be on quality patient care while advocating for harsher penalties for negligent Doctors.

Dealing with Medico-Legal Cases

Dealing with Medico-legal Cases

can be complicated and difficult, but there are some steps that can be taken to effectively handle these cases. Here are some approaches to dealing with medicolegal cases.
Maintain accurate and detailed medical records for all patients:

It is critical to keep accurate and detailed medical records for all patients. The patient’s medical history, diagnosis, treatment plan, and progress notes should all be included in the medical document. These records can be used as evidence in medical-legal cases and can assist healthcare workers in defending their actions.
Use clear and effective communication

with patients to avoid misunderstandings and conflicts that could lead to medico-legal cases. Before administering any medical procedures or treatments, healthcare professionals should explain the risks and benefits of treatment choices, answer concerns, and acquire informed consent from patients.
Adhere to Ethical and Legal Standards:

In their work, healthcare professionals should adhere to ethical and legal standards. Maintaining patient confidentiality, getting informed consent, and providing care in accordance with recognized standards of practice are all part of this.
Seek legal guidance & assistance:

If a medico-legal dispute arises, it is crucial that qualified legal professionals provide legal advice and assistance. Working with an attorney or a legal consultant who is familiar with medico-legal situations could be a part of this.
Cooperate with legal authorities and investigations:

Healthcare workers should cooperate with legal authorities and investigate cases of Medico-Legal disputes. This includes providing the required information and documentation, as well as following the legal procedure for resolving the dispute.
Practice Risk Management & Quality Improvement:

To decrease the risk of medico-legal cases, healthcare companies can implement risk management and quality improvement practices. This includes putting in place policies and procedures. That support patient safety and quality of care. Conducting regular audits, and dealing with any issues or concerns that arise.

Cooperating with Legal Authorities and Investigations

Cooperating with Legal Authorities and conducting investigations is a critical stage in dealing with medico-legal cases. Here are some methods that healthcare professionals can assist law enforcement and investigations:
Respond to Legal Requests Promptly and Completely:Healthcare workers must respond promptly and completely to legal requests for information, paperwork, or testimony related to the case. Failure to reply or withhold information may result in legal ramifications.
Provide Accurate Information: It is critical to provide legal authorities and investigators with accurate information and evidence. Healthcare workers should not alter or withhold information for fear of obstructing justice.
Maintaining Patient Confidentiality Healthcare professionals should respect patient confidentiality and provide only information pertinent to the legal matter. Any information sharing should be done in accordance with the applicable laws and rules.
Seek Legal Counsel: If a healthcare worker is unsure about their obligations or rights in a medico-legal situation, they should seek legal counsel. Legal counsel can advise on how to cooperate with legal requests while maintaining patient confidentiality and minimizing legal risks.
Attend Legal Proceedings: Healthcare workers may be required to attend legal proceedings such as depositions or court hearings in order to provide evidence or information about the case. It is critical to attend these proceedings and completely cooperate with legal authorities.
Document Interactions with Legal Authorities: All interactions with legal authorities should be documented. Which including the date, time, and nature of the interaction, as well as any information that is given. This documentation can be used as evidence in court and to safeguard the healthcare professional’s interests.