sections Flashcards
sec 284 ipc
Injury with rash or negligent act
sec 328 ipc
admin poison with intent to cause hurt
narcotics drug (opium drugs) and psychotropic (76 drugs) substance act
1985
prevention of illicit traffic in ndps
1988
bound to inform poison case - CrPC
duty - 39
when summoned- 175
punishment if the doctor doesn’t inform poison case IPC
duty - 176
when summoned- 202
punishment if the doctor gives false information IPC
duty - 177
when summoned- 193
ipc 309
attempt to suicide
sec 43 ipc
defines illegal
320 ipc
grievous hurt
326 A
grievous hurt by acid
10 years
326 B
acid throwing/ attempt
5-7 years
death in surgery due to negligence
ipc 304 A
section 203 ipc
imprisonment 6 months on omitting to inform police of possible crimes
malpractice
professional misconduct
medical negligence
medical negligence
absence of care duty needs to be present damage should be present trial- civil/criminal courts fine imprisonment appeals go to high courts
unethical acts
ads, patents not used for benefits of society, comission, euthanasia,
professional misconduct
conduct of doctor
disgraceful or dishonourable
judged by professional men of good repute
false information, unethical practices, criminal activities, refuse pt on religious ground, do human experimentation
erasure of name
death
professional death
false information
address absence
red cross emblem
red cross movement, armed forced, humanitarian work services
Geneva convention
physician pt relationship
therapeutic
formal
professional negligence
failure to exercise reasonable care
act of omissions/commission
black laaw dictionary - Professional negligence require plaintiff to
prove: duty of care dereliction of duty damage direct causation
tort
breach of noncontractual duty
negligence types
civil
no clear law violation, absence of simple std care, consent, contributary negligence = defence, civil court trial,strong evidence is sufficient to sentence punishment, have to pay damages, double jeopardy, plaintiff= sufferer
criminal- death by criminal negligence 304-A ipc
between state and doctor
burden of proof
innocent till proven guilty
burden of proof lies with plaintiff
prevention of medical litigation
good practice, indemnity insurance
res judicata
things have been decided
case filed
within 2 years of negligence
res ipsa loquitur
facts speak for itself
gossypiboma
foreign material in body
calculated risk
unavoidable injury
common knowledge doctrine
variant of res ipsa loquitur
doctrine of avoidable consequences
contributor
novus actus interveniens
breaka the chain of causation
contributary negligence
unreasonable conduct
absence of reasonable conduct
by pt
combined with doctor’s negligence
medical maloccurance
less than ideal outcome
unrelated to medical care provided
consent
voluntary agreement sec 13 ica
implied, expresed (oral, written)
patient is informed properly about everything
exceptions- 531 CrPC arrested ppl,, thx privilege, waiver, medicolegal pm, placebo, psychiatry, prisoners, notifiable disease tx, emergency (sec 92 ipc)
reason: without consent- assault of law, negligence, consumer protection act sec 2(1) - medical services
consent
free voluntary clear intelligent infromed direct personal
87 ipc
consent age >18yrs
ipc 89
<12 yrs, consent of parent
sec ipc 90
consent by insane/intoxicated- invalid
sec 92 ipc
emergency- consent implied by law
sec 52 ipc
good faith= care and attention
CrPC 53(1)
if examination provide evidence, accused can be examined by force
CrPC 174
procedure for holding inquest
CrPC 175
summoned by police for inquest
IPC 179
refusal to answer inquest ques - imprisonment 6 months
sec 176 CrPC
inquest by magistrate
coroner’s inquest
advocate attorney 1st class magistrate quasi judicial power sec 174 CrPC
article 134
supreme court supremity
high court
try, sentence any offence sec28 CrPC
CrPC Sec29
power magistrate
special magistrate
metropolitan
executive
JJA
2000
metropolitan, first class magistrate
two social workers
