ILLNESS TO JUSTICE: CRIMINAL NEGLIGENCE AND MEDICAL MAL-PRACTICE

Authors

  • Subhash Pathak Assistant Professor, Department of Law, Thakur Ramnarayan College of Law, Mumbai, India

Keywords:

Mal-practice, Injustice, Evidence, Morality, Negligence

Abstract

Failure in context of medicinal pursuance can either make a life or take a life. With booming professional misconduct, it is jeopardizing the god-like status given to medical professionals and heading towards a massive annihilation of morality and ethics, and pure disregard to the medical oath. To uphold the integrity of the profession it is essential of stay true to the profession. In the midst of growing cases of medical negligence, people’s cry for justice is getting louder. It is crucial to understand that medical law is a very sensitive spec in the array of law since it involves the subject of a life. In cases involving negligence medical records prove to be substantial evidence in deciding the acquittal or conviction of the medical practitioner. It is unnerving that despite knowing the proper documentation importance, the maintenance is still incipient. The doctor role is of paramount importance in every aspect and not just plans for treatment, operative records, or forms for consent but also medical history, physical examination, discharge records, referral papers, certificates of medical, and insurance. Medical record keeping is a much bigger talking point, which is still evolving; especially in India. This paper delves into the complexities of understanding a medical professional’s role in the industry along with maintaining medical records and the responsibilities it follows, especially engaging in the criminal aspect of legal responsibility and unfolding the definitive perception of mal-practice. It is wise to recollect that, “poor record means poor defense, and no record means no defense.”

References

I. Kearns, O, Mathuna, And Scott (2009)

II. Ratan Lal Dhiraj Lal, The Law Of Torts, 441 (2nd Edn. 2005).

III. Dickenson, D. “The Medical Profession and Human Rights: Handbook For A Changing Agenda.” Zed Books. 2002;28(5):332.

IV. Ranstam J, et al. “Fraud In Medical Research: An International Survey Of Biostatisticians, ISCB Subcommittee On Fraud”. Control Clin Trials. 2000;21(5):415-27.

V. Gopalkrishna, et al.“Prevalence Of Questionable Research Practices, Research Misconduct And Their Potential Explanatory Factors: A Survey Among Academic Researchers” (2021).

VI. State Of Haryana V. Smt Santra, 5 SCC 182, AIR 2000.

VII. R V. Adomako, (1994) 3 All ER 79.

VIII. Sheldon And Thomson (Jonathan Herring–Medical Law And Ethics 3rd Edition) 1998:5.

IX. “Kinney ED. Malpractice Reform In The 1990s: Past Disappointments, Future Success?” J Health Polit Policy Law 1995; 20:99-135.

X. Sloan FA, Bovbjerg RR, Githens PB. Insuring Medical Malpractice. New York: Oxford University Press, 1991.

XI. Schwartz GT. Reality In The Economic Analysis Of Tort Law: Does Tort Law Really Deter? U Cal Law Rev 1994;42(2):377-444”

XII. Weiler PC, Hiatt HH, Newhouse JP, Johnson WG, Brennan TA, Leape LL. A Measure of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation. Cambridge, Mass.: Harvard University Press, 1993.

XIII. “Jha AK, Desroches CM, Campbell EG, et al. “Use Of Electronic Health Records In U.S. Hospitals”. N Engl J Med 2009; 360:1628-38.

XIV. Koppel R, Metlay JP, Cohen A, et al. “Role of Computerized Physician Order Entry Systems In Facilitating Medical Errors.” JAMA 2005; 293:1197-203.

XV. Fernandopulle R, Patel N. “How The Electronic Health Record Did Not Measure Up to The Demands of Our Medical Home Practice” Health Aff (Millwood) 2010; 29:622-8.

XVI. Vigoda MM, Lubarsky DA. “Failure to Recognize Loss Of In- Coming Data In An Anaesthesia Record-Keeping System May Have Increased Medical Liability” Anesth Analg 2006; 102:1798-802.

Additional Files

Published

20-11-2023

How to Cite

Subhash Pathak. (2023). ILLNESS TO JUSTICE: CRIMINAL NEGLIGENCE AND MEDICAL MAL-PRACTICE . International Education and Research Journal (IERJ), 9(11). Retrieved from http://ierj.in/journal/index.php/ierj/article/view/3175