Medical Jurisprudence and Ethics

Forensic medicine

It is the application of principle and knowledge of medical sciences to legal purposes and legal proceedings so as to aid in the administration of justice

Medical jurisprudence

It is the application of knowledge of the law in relation to the practice of medicine

Medical etiquette

These are the conventional laws and customs of courtesy which are followed between members of the same profession

Medical ethics

It is concerned with moral principles for the members of the medical profession in their dealings with each other, their patients, and the State

Forensic science

Refers to a group of scientific disciplines that are concerned with the application of their particular scientific area of expertise to law enforcement, criminal, civil, legal, and judicial matters

Code of Medical Ethics

At the time of registration, all the doctors are self-warned about certain unethical practices and disciplinary action by the SMC

Hippocratic Oath

It is traditionally taken by physicians, in which certain ethical guidelines are laid out

Declaration of Geneva

It was intended as a revision of the Hippocrates Oath to a formulation of that oaths moral truth that could be comprehended and acknowledged modernly

Declaration of Tokyo

This was adopted in 1975 during the assembly of the WMA

Declaration of Helsinki

It refers to the ethical principles for medical research involving human subjects, including research on identifiable human material and data

Declaration of Oslo

It was a statement by the WMA in 1970 on therapeutic abortion and was amended in 1983 and 2006

Declaration of Malta

The principle of beneficence urges physicians to resuscitate them, but respect for individual autonomy restrains physicians from intervening when a valid and informed refusal has been made

Declaration of Lisbon

The declaration represents some of the principal rights of the patient that the medical profession endorses and promotes

Declaration of Ottawa

Physicians along with parents, and world leaders to advocate for healthy children

Privileged Communication

It is a statement, made bonafide upon any subject matter by a doctor to the concerned authority having corresponding interest, due to his legal, social or moral duty to protect the interests of the community or of the state

Civic benefit

If there is a potential threat of ‘grave harm to the safety or health of the patient and the public, the doctor must decide whether to inform the authority about the condition

Notifiable clauses

Doctors must report births, deaths, stillbirths, infectious diseases, therapeutic abortions, drug addictions, epidemics, and food poisoning to public health authorities

Suspected crime

If the physician learns of a crime, such as assault, terrorist activitiy, traffic offence or homicidal poisoning by treating the victim or assailant, he is bound to report it to the nearest Magistrate or police officer

Patients own interest

Doctor may disclose patients condition to his relatives so that he may be properly treated

Self-interest

In case of civil and criminal suits by the patient against the physician, evidence about patients condition may be given

Negligence suits

When doctor is employed by opposite party to examine a patient who has filed a suit for negligence, the information thus acquired is not a professional secret

Court ordered examination

If a court orders a physical or mental examination to report back to the court, the person should be informed that the results are not confidential

Court of law

Doctor cannot claim professional secrecy concerning the facts about the illness of his patient in a court of law

Medical Malpractice

Covers all failures in the conduct of doctors, where it impinges upon their professional skills, ability and relationships

Professional misconduct

Where the personal, professional behavior falls below that which is expected of a doctor

Medical negligence

Where the standard of medical care given to a patient is considered to be inadequate

Patent and copyrights

He may patent surgical instruments, appliances, procedures and medicine

Rebates and commission

He should not give or receive any gift or commission in consideration of referring, recommending or procuring of patient for medical, surgical or other treatment, or for getting specimen or material for diagnostic purposes

Secret remedies

He should not prescribe or dispense secret remedial agents of which he does not know the composition

Human rights

He should not aid or abet torture or be a party to either infliction of psychological or physical trauma

Pharmaceutical and allied health sector industry

A medical practitioner should not receive any gift, cash or monetary grants, travel facility or accept any hospitality

Professional Misconduct

Any doctor behavior deemed disgraceful or dishonorable by competent professionals

Red Cross

It is an emblem which is used only by those belonging to the Red Cross Movement and Army Medical Services involved in humanitarian work, mainly at times of armed conflicts and natural disasters, and it is not an emblem of medical professionals

Information

Should receive full information about his diagnosis, investigations, treatment plans, alternative therapy, procedures, diagnosis, complications, and side-effects

Therapeutic relationship

A doctor is free to accept or refuse to treat a patient, subject to constraint of his work, except in emergencies

Formal relationship

It pertains to the situation where the third party has referred the person/patient for impartial medical examination

Professional Negligence

Failure to use reasonable care and skill of an ordinary prudent medical practitioner in the circumstances, resulting in patient harm or death

Act of Omission

Not doing something that a reasonable man, under the circumstances would do

Act of Commission

Doing something which a reasonable prudent man under the circumstances would not do

Tort

A wrong or harm other than breach of contract; breach of a noncontractual duty towards another person which caused harm or loss

Degree of care

The level of caution, prudence or forethought legally required to avoid causing harm or loss to another person

Gross negligence

Negligence beyond the ordinary; a reckless or wanton disregard of the duty of care toward others

Liability

An actual or potential legal obligation, duty or responsibility to another person; the obligation to compensate, in whole or in part, a person harmed by ones acts or omissions

Chain of causation

In claims in tort, or prosecutions in criminal law, the causal relationship between the defendants wrong doing and the victims loss or injury should be obvious for a successful outcome

Damages

Money awarded in a suit or legal settlement as compensation for an injury or loss caused by a wrongful or negligent act or a breach of contract

Mistake of fact

A situation where a person not intending to do unlawful act, does so because of wrong conclusion or understanding of fact

Res judicata

Means ‘the things have been decided

Volenti non fit injuria

A defense to an action in negligence

Doctrine of Res ipsa loquitur

Professional negligence of a doctor must be proved in the court by expert evidence of another physician

Doctrine of Common Knowledge

It assumes that negligence in the case is a common-sense act, not a medical specialty