Medical Jurisprudence Flashcards
Police inquest comes under
Sec 174 Crpc
Magistrate inquest comes under sec
Sec 176 Crpc
DUCES TECUM
to bring the document with you to the court
Sec 32 IEA
Dying declaration
False evidence in court
Perjury
Sec 191 IPC
Fabrication of evidence
Sec 192 IPC
Infamous conduct/professional misconduct
A- association with illegal person
Alcohol
Abortion
Addiction
Adultery
Advertisement
Absenteeism
Appointing agents for procuring patients
B-bribery
C-commission
Conviction
Covering
D- Disclosure
Dichotomy
E- Euthanasia
Endorsing
F- False certificate
G-Gift acceptance
H-Hospitalisation service
Red cross emblem used by
Red cross society and armed medical services
Bolam’s test
Doctor is not liable when he followed standard guidelines or followed accepted clinical practice
Essential ingredients of medical negligence
Duty of care
Dereliction of duty
Damages
Direct causation
RES IPSA LOQUITOR
The fact or thing that speaks for itself
Ex: surgery on wrong side
DOCTRINE OF COMMON KNOWLEDGE
When issue of negligence not related to specialized knowledge or technical know how is commonly known
Ex:IV fluids In dehydration
DOCTRINE OF CALCULATED RISK
every treatment has some risk
NOVUS ACTUS INTERVENIENS
New unrelated intervening act leading to damage
Vicarious liability
The superior is responsible for the negligent act caused
Borrowed servant doctrine
If a servant is borrowed to work , the new employer is liable for negligent act
Captain of the ship doctrine
In OT surgeon is liable for negligence made by any staff of team
RES JUDICATA or double jeopardy
An individual cannot be tried for double time for the same offense and the same evidence
Voluntary non fit injuria
To willing person no injury done
Doctor is nor liable
RES INDICATA (limitation period)
The maximum time after the alleged negligent act which a civil case can be filed in court
It is 2 years
Sec 352 IPC
Examination and treatment of a patient without consent
Invalid consent Sec 90 IPC
Child<12years
Insane person
Fear of threat or death
Intoxication