Medico-Legal Cases in India

Medico-Legal Cases in India
Doctors based on the Hippocratic oath taken by them often place the health of the patient above
any other issues and hence, any secrets shared by a patient is said to be bound by doctor-patient
confidentiality, protecting the patients’ privacy and ensuring their treatment, even if they are a killer
or criminal. But when an attending doctor is faced with a case of injury or illness resulting out of
suspicious causes, like sexual assault, poisoning, etc that the law needs to be involved to ensure the
future well-being of the patient, making the case a medico-legal one that requires understanding
between medical staff and the law to affix criminal responsibility for the case.
“Medico-Legal Cases Across Various Hospitals -A review & Understanding of Procedures” (Sangeeta
Rege, 2011) explores the factors that help the attending doctor to determine whether the case is a
medico-legal one and also, the method and frequency of their applicability in India. This article found
that “even senior Doctors are unclear about the nature of cases that are MLC”. Most define such
cases as “medical matters that have legal implication and a prevalent myth amongst Doctors is that
each medico legal case becomes a police case, which is incorrect”. For example, an age certification
mandated by court or a disability based civil suit requiring doctors to determine level of disability the
person has are cases where police need not be involved. On the other hand, in private hospitals only
cases of medical negligence were the reported as MLCs.
It was found that, whenever in doubt, doctors register medico legal cases, without much analysis,
like looking for further history of the health complaint and consequently, deducing whether it has
medico legal implications. Additionally, this led to a widespread MLC registration for all women
seeking Medical termination of Pregnancy, those reporting epilepsy as well as falls in the hospital.
Not having a clear understanding of their medico-legal role and reluctance to fulfil these
responsibilities, most doctors rely on police to determine whether a case in medico-legal. Another
problem is the lack of comprehension among doctors about the importance of receiving informed
consent from patients to register a medico-legal case.
The article concludes by pointing out the need for creating awareness among clinicians about their
medico-legal responsibilities and setting up a standard operating procedure for medical
professionals in medico-legal cases.
The article “Medico-Legal Cases Need a More Professional Approach” (Suraj Sundaragiri, 2015)
suggests a focused and professional approach to be taken up by doctors. Based on statistics, ~80% of
medico-legal work is done by non-forensic doctors, who lack the specialized medico-legal knowledge
of trained forensic doctors. Not having proper knowledge of medico-legal practices lead to
misrepresentation of medical evidence leading to problems like acquittal of criminals and delay in
justice. Also, lack of requisite knowledge in this field leaves doctors ill-equipped to handle the
situation when presented with a medico-legal case. This article advises that the doctor carefully
learn and review everything that is likely to be of medico legal importance, and be aware that that
medical evidence usually just opinion evidence, which has great corroborative value. But as opinion
evidence, it needs to well-informed and backed by medical facts and legal understanding of their
impact.
The Madras High Court has highlighted the need for Forensic medicine and increased knowledge of
the same among clinicians: “This Court is much desirous and concerned of expressing that the
branch of science of Forensic Medicine is an effective scientific method, which plays a vital role in
assisting the Justice Delivery System to render justice to the society, in the administration of Criminal
Justice.” Allahabad high Court has also re-iterated the need for Forensic Medicine experts to be
posted at district headquarters and Civil Hospital level.
This article suggested creation of two forensic medicine specialist posts at district level to reduce the
legal burden on medical doctors, so they can focus on medical treatments, and improve the quality
of medical guidance and expertise available to police and jury in the resolution of cases.
While creating awareness is necessary to ensure that justice is served and that doctors are better
equipped to deal with such cases, it can also help resolve cases leading to medical negligence.
“Medico Legal Cases and Steps To Curb Medical Negligence” (Sabitha - Sreelatha, 2018) tries to
address the question of whether the current laws are will curb the medical negligence and protect
innocent victims. The Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulation,
2002 created legal awareness among Doctors and how doctors should function in the interest of
public health. While quality of treatment, safety and redressal have been recognized as the rights of
a patient by the Consumer Protection Act (CPA), it is only in the recent years that CPA has widened
its scope to include medical negligence under its purview.
The medical negligence is punishable under various laws i.e. under Indian Penal Code, Consumer
Protection Act, Indian Contract Act. As a breach of contract between patient and doctor, a patient
can claim and damages in form of compensation for breach of duty of care by medical practitioner.
Under Sec.304A of Indian Penal Code, a doctor is criminally liable and can sentenced to 2 years
imprisonment, if the patient under their care dies due to rash and negligent act by the doctor. There
are several laws in place to protect a patient’s health and rights, but the law also places the onus of
proving negligence on the patient or complainant.
The article suggests that in cases of medical negligence, “more systematic investigation is required to
detect the actual crime happened in the purview of Medical Profession”.

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