• Jun 23, 2021
  • LastUpdated 10:33 AM, Jul 21, 2017

Prevention of litigation, Documentation, and Medical Audit

Contribution by Dr. Tushar Shah, M.D. (Ped.), LL.b
Mar 08, 2015

Brief Description

It is better that we do something proactively before we are forced to do so

Detail Description

It is better that we do something proactively before we are forced to do so.  What is presented below is an attempt to identify the areas that are potential sources of medico – legal problems and the need to adopt prophylactic measures. There are various laws related to doctors and medical establishment, which are likely to be implemented in the near future. ‘Ignorance of law is no excuse’, this is a very famous maxim, whereby we understand that we have to have knowledge of various laws pertaining to medical practice and we cannot defend ourself  on the ground that I was not aware about the said law.

It is quite apparent to all of us that “Medical Practice” in current times has undergone a sea change, from art of medicine to medical science and now ultimately commerce. The mutual faith between doctor and patient has eroded considerably. The age old doctor – patient relationship is gradually becoming a buyer – seller relationship. Expectations of the public from medical science and doctors have risen sharply in the age of hi-tech medicine. Advert outcome of treatment is now often attributed to suboptimal or deficient treatment amounting to negligence. In general, people are getting more demanding, aggressive and litigious. This has not only prompted the Government but also legal luminaries to bring the medical services under Consumer Protection Act, thus giving a legal sanction to commercialization of health services.