Research article on MEDICAL JURISPRUDENCE: AN INDIAN LAW PERSPECTIVE

MEDICAL JURISPRUDENCE: AN INDIAN LAW PERSPECTIVE

ABSTRACT

Medical Jurisprudence is the branch of science and law which involves the study and procedure of scientific and medical knowledge to the legal problems. Basically there is need of medicines in case of any problem to the patient which is prescribed by the medical practitioner. It basically deals with the legal facts. If in any case the doctor does any type of mistake then he is liable for that patient and he will be produced in the court with legal evidence.

INTRODUCTION

Medical jurisprudence may be involved in cases concerning genetic relationships (for example - paternity testing) or injury or death resulting from violence.[1] Medical Jurisprudence basically involves the relationship between the doctor and a health care provider such as nurse, doctor, dentist or any type of dentist etc. The law provided various types of standard and principles which gives a right to the patients to claim compensation in case of any injury. There are various types of law which can be different from state to state.

“Medico legal” is the term which incorporates the basics of two sister professions i.e. Medicine and Law. Everybody talks about the Law but few of them aside from Lawyers, Judges and Law teachers have more than the vaguest notion of what constitutes Law.[2] Normally people have accurate knowledge about the Law but they do not have as much as knowledge about the medicines which is given by the doctors. It is related in cases which concerns blood relationship, mental illness, injury etc.

The following subjects deal with all the above aspects of Law and Medicine:-

·       Forensic Medicine

·       Medical Jurisprudence

·       Toxicology

HISTORY

Medical Jurisprudence had a chair founded at the University of Edinburgh in 1807, which is first occupied by Andrew Duncan, the younger. It was imposed on the university by the administration of Charles James Fox, and in particular Henry Erskine working with Andrew Duncan, the elder.[3]

SCOPE

Medical Jurisprudence has a wide range of medical and ethical issues which also involves human rights or right of any individual. Basically the doctors have a duty to take care of the patient and if in any case he could not do so then he is liable for his act. Doctor’s duty is to take care of the patients in a proper way and his main interest is to protect the patient.

Basically medicine and law cannot work simultaneously though the main source of dispute is medical confidentiality. Because sometimes the information which is given by the patient is not disclosed by them to anyone without the permission of the patient and sometimes patient do not tell all the information about his problem. The doctor is also following the law before treating a patient and he is also bound to follow the rules for the patient.

Medical jurisprudence includes:

·        Questions of the legal and ethical duties of physicians.

·        Questions affecting the civil.

BENEFITS

The commencement of medical jurisprudence is beneficial in both the field i.e. Medicine and Law. Through this a better understanding of these benefits came out.

Earlier there were many cases which were not yet solved but through the medical Jurisprudence they are now solved. Medical Jurisprudence not only help in medicines field as well as it also help in Law field. It helps in solving the cases of murder, rape because it consists as an evidence of proof for the culprits. However it is not fully used as a first evidence for them but the DNA tests can be the expert evidence for them. There are many techniques of medical jurisprudence like Autopsy it is used to determine the facts of the person who is died. This will be continued till the parliament enacted it.

Section 45 of Indian Evidence Act explains about the expert opinion which says that if any case where a person has to certify DNA, fingerprints of that person then the Court has to appoint the expert person for this. The total benefit of this can only be enjoyed by the statute.

MEDICAL ETHICS

Medical Jurisprudence is related with many issues such as a person’s right to health care and his consent for his treatment. Every person has a right to know the risk and procedure of the treatment as it is his right for his health i.e. right to health. Every person whether he is a minor or major if he is capable of understanding the nature of his treatment then he will give his consent on this that he wants to proceed or not even if it will result in his death. In 1980 Supreme Court of Canada says that the risk of the treatment must be known to the patient and the procedure should be explained him properly.

Another main point is that the doctor doing his treatment on the patient must have the full knowledge and skills in that work. The doctor has to done his treatment in a reasonable way so that the patient can be treated well. If the standard which is made for the doctors is not fulfilled by him then he will be liable for the injury of the patient and he has to pay damages to him. Various types of issues arise in medical field such as organ transplantation. In these types of cases the doctor has to be more careful. There are many problems which occur in medical field by the doctors as well as nurses because if any nurse knows that it will be harmful for the patient then also she gave a medicine to the patient then the nurse is also liable for the negligence and she will be charged under criminal code.

ACCOUNTABILITY OF HOSPITALS

As we all know the hospitals play a vital role in the society because it provides treatment to the patient. Earlier the hospitals were basically charitable institutions so they were excluded from their liability but know in a modern society the population is also big so there is a need of large and modern hospitals where all the modern techniques are used for the patients so that they will not bear any problem. If any negligence is take place then the hospital as well as employer is also liable for that.

RESORT TO THE LEGAL PROCESS

The cases of medical jurisprudence related to the doctors are increasing. Result to the parties is getting difficult. In some state the patient have to make first application to the court for getting access on his health records. Even if in any case the patient is successful in his case then the money cannot recover his loss suffered to him or on his body. Presently there is no other alternative to filing a suit against the hospitals.

COMMENT

According to my perspective we all know that there are various types of cases in which the doctor is negligent very badly but still the doctor do not have any type of effect to him. Medical Jurisprudence involves the Right to health because every person has a right to keep his health fit. If the health care provider will be good then there cannot be any problem to the patient. Medical Jurisprudence involves the patient as well as hospital, nurses etc. every type of person who is involved in the treatment. So every doctor should be dedicated towards his work so that the patient can be live in a healthy way.

Medical Jurisprudence basically talks about the medicine and the law. If the medicine will not give properly by the doctors then the law will come in front of the patient and he can file a suit against the doctor as it basically made for the health of the patient. So the treatment given by them must be known to the patient.

BIBLIOGRAPHY

WEBSITES:-

www.thecanadiaencyclopedia.com

www.wikipedia.com

www.thefreedictionary.com

www.scribd.com

www.dictionary.thelaw.com

www.britannica.com

www.legalserviceindia.com

BOOKS:-

Law and medicine by Nandita Adhikari

Modi’s book

Tags: Medical Jurisprudence, Jurisprudence

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[1] Definition on www.medicinenet.com

[2] Dr. Nandita Adhikari, Law and Medicine

[3] White, Brenda M. "Duncan, Andrew (1773–1832)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/8213