Your Queries/Concerns
Is there any level of competence prescribed by law for doctors? What is that level?
Law clearly lays down that every professional, including doctors, must discharge their professional duties as an ordinary competent professional. While extraordinary competence is welcomed it cannot be a barometer to judge a doctor in discharging professional duties.
Is the practice followed by other doctors relevant from a legal perspective?
The practice followed by other doctors of the same speciality is very much relevant in deciding whether a doctor is negligent or not. If even a respectable numbers of doctors, even if in minority, of the same specialty follow a particular course then the chances of such a course been held illegal by the court is very less.
Can a doctor take consent of someone other than the patient and in what circumstances?
Valid consent can be given by the patient only and not even by the patient's spouse or parents. The exception to this rule is where the patient is in any way legally incompetent to give consent. Minors, mentally incapacitated or comatose patients are exceptions and in all such cases consent of their guardian is valid.
Can a doctor be held negligent if the course of treatment adopted is endorsed by some doctors but opposed by others?
If there are several modes of treatment and a doctor adopts one of them, it is not negligence.
Is it possible to deviate or exceed from the mandate given by the patient in consent?
The basis of every doctor-patient interaction is consent. At times consent is taken in writing and in the rest of the cases law presumes concurrence. A doctor can certainly deviate from the consent but only in an emergency to save life or preserve health of the patient.
NCML Testimonials
"It was a wonderful event organised by IML. I am sure it will ignite the passion amongst the fraternity for a productive outcome in time to come."
- Dr. Bhupendra Kumar Rana, (Joint Director, NABH)
"It was a unique meeting in many ways. For the first time there was a forum that was devoted to the interface between medicine and law. For long this vital aspect has been neglected with disastrous consequences to the public and to the caregivers. The initiative is truly laudable and I would personally like to be a part of what I believe to be a nation building process."
- Dr R K Mani, (Ex-President, Indian Society of Critical Care Medicine)
"On behalf of ASI, I assure you of committed partnership. Looking forward for more of such positive and meaningful conclaves."
- Dr. Suresh Vasistha, (President Elect (2015), Association of Surgeons of India)
"The Convention was path breaking in many ways and I must compliment you for taking the first step."
- Dr. Alexander Thomas, (President, Association of National Board of Accredited Institutions (ANBAI) & Consortium of Accredited Healthcare Organizations (CAHO))
"I sincerely thank you and other organizers of the National Convention on Medicine and Law for inviting me and presenting the view of the Government on the Clinical Establishments Act. The burning issues of the current times were covered."
- Dr. Anil Kumar, (Chief Medical Officer NFSG, Directorate General of Health Services)
"It was a wonderful event organised by IML. I am sure it will ignite the passion amongst the fraternity for a productive outcome in time to come."
- Dr. Bhupendra Kumar Rana, (Joint Director, NABH)
"This experiment was very successful and need to be repeated at regular interval. If we were able to fulfil some of the demands of participants through legal inventions / advocacy campaign it will be of great help to medical fraternity and greater service to humanity."
- Dr. Mukesh Yadav, (Editor, Journal of Indian Academy of Forensic Medicine)
"It was an extraordinary initiative for which you & your team must be complemented. I must say the torch which it has ignited should now be use to spread the message loud & clear to all stake holders."
- Dr. Dhruv Chaudhry, (Professor & HOD, PGIMS, Rohtak)
"The brain storming sessions followed with the views of experts was very enlightening and encouraging. The views expressed hope would be able to see some new regulations & laws in the future."
- Dr. Vijay Kataria.
"A great, fruitful, and outstanding Convention."
- Dr. (Adv.) Vhora Preetam V.
"Good initiative! Good platform for knowledge and experience sharing by various stakeholders! Lot of topics still needed to be covered."
- Dr. Sunil Khetarpal, (COO MP Region, Shalby Hospitals)
