LEGAL COLUMN

MEDICO LEGAL TIP

Medicolegal Tip 1 :

Do not issue false medical certificate. Enter the identities of the individual if Certificates in issued. Keep a copy of all the certificates issued by you. – IMA TAMILNADU

Medicolegal Tip 2 :

Never issue death certificate if you have not treated the patient or witnessed at the time of death. – IMA TAMILNADU

Medicolegal Tip 3 :

Consent must be explained in the language know to the patient and signature obtained in the language he can read. Otherwise we need an interpreter and their signature also with a witness on behalf of the patient. – IMA TAMILNADU

Medicolegal Tip 4 :

Preserve fumigation / microbiology culture / and such other reports for a longer period. Producing these reports in courts is useful. – IMA TAMILNADU

Medicolegal Tip 5 :

Mistakes or errors in writing medical records during emergencies is not negligence and should be ignored – National Consumer Commission – IMA TAMILNADU

Medicolegal Tip 6 :

Doctor and hospital can be held negligent merely for employing an untrained compounder. National Consumer Commission – IMA TAMILNADU

Medicolegal Tip 7 :

Family doctor has greater responsibility in law to ensure that the investigations advised are actually performed by the patient. National Consumer Commission – IMA TAMILNADU

Medicolegal Tip 8 :

To Make alterations in any medical records; entire line or word should be scored and rewritten with date and time – IMA TAMILNADU

Medicolegal Tip 9 :

Family doctor has greater responsibility in law to ensure that the investigations advised are actually performed by the patient. National Consumer Commission – IMA TAMILNADU

Medicolegal Tip 10 :

No consent is required to act or to deviate from the consented course in cases of emergencies or life-saving interventions – IMA TAMILNADU

Medicolegal Tip 11 :

Mandatory investigation must be advised to confirm diagnosis, especially before starting sensitive drugs and prolonged treatment. – IMA TAMILNADU

Medicolegal Tip 12 :

Every patient who is discharged must be given a proper discharge summary. Not giving a discharge summary simply because the patient has not paid fees or the patient has been discharged AMA is legally impermissible. – IMA TAMILNADU

Medicolegal Tip 13 :

Recovering outstanding bill patient :
1) Send a simple letter to the patient demanding payment by registered post ack. due.
2) Preserve this ack. with the patient’s medical records.
3) Initiate legal advice. NCDRF. – IMA TAMILNADU

Medicolegal Tip 14 :

Do not perform a surgery/procedure without performing exercise even on the patient’s request. A patient’s request is not a valid defence for skipping any requisite preoperative exercise & the responsibility thereof, lies squarely with the Doctor, NCDRF. IMA TAMILNADU.

Medicolegal Tip 15 :

Court holds oral consent of a patient valid and legal for lumbar puncture done in an emergency – IMA Tamilnadu

Medicolegal Tip 16 :

Hospitals must ensure that junior doctors are qualified & have the requisite qualification and experience in dealing with a patient. NCDRF. Regulation 1.6 of MCI is also stressing on the same issue. – IMA Tamilnadu

Medicolegal Tip 17 :

Nature and extent of information furnished by doctor to secure consent need not be stringent. Consent needs to be ‘real and valid’ – IMA TAMILNADU