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Legal Issues in Medical Practice Medicolegal Guidelines for Safe Patrice

Legal Issues in Medical Practice Medicolegal Guidelines for Safe Patrice

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About the Book

This book is a step-by-step guide that provides basic understanding of medicolegal principles in a simple language, and enables a busy medical practitioner to establish safe clinical practice.
Chapters are written by medicolegal experts and clinicians with vast medicolegal experience.
Simple and interesting presentation of complex medicolegal issues.
Problem-solving approach to the medicolegal issues.
Medicolegal tips and guidelines are provided to effectively solve the medicolegal conflicts.
Risk management strategies are provided to prevent the legal implications.
Authentic medicolegal advice based on relevant court judgments.
Information provided in the book has been authenticated with references.

About the Author

VP Singh MD LLB CC (Medical Laws) PGD (Medicolegal Systems) CC (Healthcare Quality Management)



Table of Contents:
Contents Section I Medical Ethics and Law 1. The Ethics of Medical Practice 3 VP Singh, Parmod Goyal Medical Ethics 3; Autonomy 3; Beneficence 4; Nonmaleficence 4 Does Paternalism Really Serve the Purpose? 5 Should Physicians do Whatever Patients Say? 6; What Serves the Patient Best? 6 Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations 7 2. Confidentiality and Disclosure in Medical Practice 17 VP Singh, Akashdeep Aggarwal When Confidentiality may be breached? 17; Guidelines on Medical Confidentiality 18 Right to Information Act and Medical Confidentiality 19 Medical Confidentiality and HIV Status 21; Guidelines on HIV Testing (March 2007) 22 Judicial Decisions on Medical Confidentiality and HIV Status 23 HIV Testing of Patients Prior to Surgery 23 3. Disclosing Medical Errors: Why, When and How? 26 VP Singh, Gautam Biswas Medical Errors 26; Disclosure of Medical Errors 27 Consequences of Disclosing Medical Errors 28 Guidelines on Disclosing Medical Errors 29 4. End of Life Care Decisions: Ethical and Legal Issues 35 Rashmi Datta, Pradeep Sreevastava, Arvind Kumar Singh Palliative Care at the End of Life 35; Magnitude of the Problem 36 Medical Futility 36; Withholding or Withdrawal of Life Support 37 Advanced Directives and Do-Not-Resuscitate Orders 38; Euthanasia 39 Implications to Human Organ Transplantation Act 39 Legal Aspects of End of Life Issues in India 40 5. Medical Professionalism: Focus on Communication Skills 43 Shalini Ratan Physician and the Patient: A Changing Relationship 43; The patient’s Perception 44 Engaging Patients Through Effective Communication 45 Miscommunication to Litigation 46; Physician-patient Communication in Practice 46 Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice xviii Section II Documentation of Patient Care: The Legal Aspects 6. Medicolegal Aspects of Informed Consent 51 VP Singh, Dasari Harish Evolution 51; Objectives 52; Meaning 53 What Makes the Consent Legally Acceptable? 54; Exceptions 57 Obtaining Consent: The Procedure 57; Documentation of Informed Consent 57 Judicial Decision on Informed Consent 58 7. Medicolegal Aspects of Medical Records 61 Joseph Thomas, Arun Mavaji Seetharam Types of Medical Records 61 Electronic Health Records: An Emerging Trend in India 62 Guidelines on Medical Records 64; MCI Guidelines 64 NABH Guidelines 64; Medicolegal aspects of Medical Records 69 Ownership of Medical Records 69; Summoning Medical Records by Courts 70 Judicial Decisions Related to Medical Records 70 Section III Litigation Against Medical Practitioners 8. Medical Negligence: Meaning, Scope and Legal Interpretation 75 VP Singh, Vivekanshu Verma What is Medical Negligence? 75; Essential Components of Medical Negligence 75 Types of Medical Negligence 77; Burden of Proof of Medical Negligence 78 Yardstick used to determine Medical Negligence: The Bolam’s Rule 79 Criminal Liability of Medical Professionals 80 Guidelines: Prosecution of Doctors for Criminal Rashness or Criminal Negligence 81 9. How to Defend Medical Negligence Lawsuit? 83 VP Singh, MC Gupta Pattern of Complaints against Medical Practitioners 83 Complaints under Consumer Protection Act—Step-by-Step Approach 83 Facing the Court: Medicolegal Tips and Advice 86 10. Compensation in Medical Negligence: How much is Justified? 89 VP Singh, Mukesh Yadav Compensation in Medical Negligence 89 Multiplier Method: Can it be Used in Medical Negligence Cases? 89 How Much Compensation is Just and Adequate? 92 Impact of High Quantum of Compensation 92 Medical Liability—A Future Crisis: Learning from the Other Countries 93 Crisis Reform Models 93; Caps on Noneconomic Damages 93 No-fault Compensation 94; Health Courts 94 Contents xix 11. Professional Indemnity Insurance: Better Safe than Sorry 97 Rajendra S Bangal Professional Indemnity Insurance 97; What does it Cover? 98 What it Does not Cover? 98; AOO: AOY Ratio 100 Premium Rates (Individuals) 100; Premium Rates (Individuals) 100 Premium Rates (Clinical Establishments) 100; Retroactive Date 101 An Ideal Indemnity Insurance Policy: Proposed Components 101 Section IV Medical Laws and Judgments Governing the Medical Professionals 12. Landmark Judgments Related to Medical Professionals 105 VP Singh, Krishnadutt Chavali Dr Suresh Gupta’s Case 105; Jacob Mathew’s Case 107 Supreme Court’s Observation on Negligence 108 Martin D’Souza’s Case 109; V Kishan Rao’s Case 111 Supreme Court’s Observation on Expert Medical Opinion 111 Supreme Court’s Observation on Martin D’Souza’s Case 112 13. Medicolegal Outlook on Transplantation of Human Organs Act 113 Sunil Shroff, Sumana Navin, Hemal Kanvinde, Sujatha Niranjan, Christopher Barry Transplantation of Human Organs and Tissues Rules 2014 113 Medicolegal Aspects of Living Donation and Transplantation 115 Medicolegal Aspects of Deceased Organ Donation and Transplantation 116 Future Challenges 117 14. Medicolegal Outlook on Biomedical Waste Management Act 120 VP Singh, Pardeep Singh Biomedical Waste 120; Biomedical Waste (Management and Handlings) Rules, 1998 121; Penalties under the Environment Protection Act 130 15. Medicolegal Outlook on PC-PNDT Act 132 Chandrashekhar A Sohoni Preconception and Prenatal Diagnostic Techniques Act in a Nutshell 132 PC-PNDT Act–Controversies and Practical Difficulties: Safety Measures to be taken by the Doctors 135 Section V Medicolegal Issues in Various Specialties 16. Medicolegal Issues in Obstetrics and Gynecology 143 Charu Mittal, Prabuddh Sheel Mittal Medicolegal Issues in Obstetrics 144; Medicolegal Issues in Gynecology 148 Medicolegal Issues in Perioperative Patient Care 148 Surgical Complications: Medical and Legal Implications 150 Legal Issues in Medical Practice: Medicolegal Guidelines for Safe Practice xx Specialist as an Expert Witness in a Court of Law 151 General Precautions during day to day Practice: Avoiding Malpractice Lawsuits 152 17. Medicolegal Issues in Surgery 154 Manu Shankar Preoperative Period in Surgery 154; Peroperative Period 156 Postoperative Period 156; Consent in Surgery 157 Role of Anesthesia 157; Surgical Complications 158 ‘Never Events’ in Surgery 159; Take Home Message for the Surgeons 160 18. Medicolegal Issues in Orthopedics 162 Sarvdeep S Dhatt, Siva Swaminathan S Why Orthopedicians are Vulnerable to Malpractice Lawsuits? 162 Consent in Orthopedics 163; Complications in Orthopedics 164 Wrong-Site Surgery 164; Avoiding Malpractice Lawsuits 164 19. Medicolegal Issues in Ophthalmology 167 Dinesh Verma, Amandeep Singh Medicolegal Issues in Ophthalmology 167 Vulnerable Domains in Ophthalmic Practice 168 Managing the Risk of Lawsuits 171 20. Medicolegal Issues in Pediatrics 174 Yogesh Dave Why Study Medicolegal Issues in Pediatrics? 175 Informed Consent in Pediatrics 175 Error in Diagnosis during Emergencies 176 Patient Safety in Pediatrics 177 Neonatal Intensive Care: Vulnerable to Malpractice Lawsuits 177 Communication Skills—Key Role in Pediatrics 178 21. Medicolegal Issues in Radiology 181 Chandrashekhar A Sohoni Errors in Radiology 181; Judicial Decisions on Radiological Errors 184 Why Radiology is Vulnerable to Medicolegal Conflicts? 182 Avoiding Litigation in Radiology 186 22. Medicolegal Issues in Blood Transfusion Practice 189 Ranabir Pal, Gautam Sarker, Debashis Sinha Where we Stand as of Now in India? 189; National Blood Policy 189 Medicolegal Aspects in Blood Transfusion Services 191 Challenges of Blood Screening 192; Who will Bell the Cat? 193 Take Home Message 194 Contents xxi 23. Medicolegal Issues in Dentistry 197 Shilpa Pharande Medicolegal Aspects of Dental Practice 197; Medical Emergencies in Dentistry 198 Protection Against Litigation 201; How to Avoid Litigation? 201 24. Medicolegal Issues in Anesthesiology 205 Manpreet Singh, Ajay Kumar, Lakesh Anand Standard of Care 205; Duty of Care and Liability 206 Medicolegal Issues in Anesthesiology 206; Error of Judgement 209 Mistake 210; Burden of Proof 210; Res ipsa loquitur 210 How to Decrease the Likelihood of a Lawsuit? 211 Accepted Practices and Procedures 212 Accidents, Misadventures, and Mishaps 212 Inherent Risks 213; Choice of Treatment 213 Keeping the Professional Knowledge and Skill up-to-date 213 Cases to Observe 213 Index 217


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Product Details
  • ISBN-13: 9789352500451
  • Publisher: Jaypee Brothers Medical Publishers Pvt. Ltd.
  • Publisher Imprint: Jaypee
  • Edition: 1
  • Language: English
  • Width: 171 mm
  • ISBN-10: 9352500458
  • Publisher Date: 2016
  • Binding: Paperback
  • Height: 241 mm
  • No of Pages: 242

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