Laws Applicable to Medical Practice and Hospitals in India

International Journal of Research Foundation of Hospital & Healthcare Administration, July-December 2013;1(1):19-24

19

JRFHHA

Laws Applicable to Medical Practice and Hospitals in India

1Madhav Madhusudan Singh, 2Uma Shankar Garg, 3Pankaj Arora

ABSTRACT

Healthcare in India features a universal healthcare care system

run by the constituent states and territories. Law is an obligation

on the part of society imposed by the competent authority, and

noncompliance may lead to punishment in the form of monetary

ne or imprisonment or both. The earliest known code of laws

called the code of Hammurabi governed the various aspects

of health practices including the fees payable to physician for

satisfactory services. The rst ever code of medical ethics called

the Hippocratic oath was laid down 2500 years ago, in the 5th

century BC, by Hippocrates—the Greek physician. The modern

version of Hippocratic Oath (called the declaration of Geneva),

devised by the WHO after the second world war and is accepted

by international medical fraternity. The process of establishment

of healthcare system during the colonial rule also necessitated

creation of legislative framework for practitioners of medicine.

As the number of doctors qualied in Indian medical colleges

increased, creation of laws for them became necessary. The

medical council of India, a national level statutory body for the

doctors of modern medicine, was constituted after the enactment

of Indian Medical Council Act 1933. The rst legal recognition

and registration for the Indian systems of medicine came when

the Bombay Medical Practitioner’ Act was passed in 1938.

Laws governing the commissioning of hospital are the laws

to ensure that the hospital facilities are created after due process

of registration, the facilities created are safe for the public using

them, have at least the minimum essential infrastructure for

the type and volume of workload anticipated and are subject to

periodic inspections to ensure compliance. There are other laws

pertaining to governing to the qualication/practice and conduct

of professionals, sale, storage of drugs and safe medication,

management of patients, environmental safety, employment

and management of manpower, medicolegal aspects and laws

pertaining to safety of patients, public and staff within the hospital

premises. There are laws governing professional training and

research, business aspects, licences/certications required for

hospitals, etc. A hospital administrator should be aware about

all these laws, regulations, policies, procedures, reports and

returns and keep abreast with the latest amendments to be on

the safe side of law and provide quality care to the patients.

Keywords: Healthcare, Law, Act, Code, Health practices, Medical

ethics, Hippocratic, Declaration of Geneva, Medical council of

India, Statutory body, Indian systems of medicine, Commissioning

of hospital, Conduct of professionals, Environmental safety,

Employment and management of manpower, Medicolegal

aspects, Patient safety, Professional training, Research.

How to cite this article: Singh MM, Garg US, Arora P. Laws

Applicable to Medical Practice and Hospitals in India. Int J Res

Foundation Hosp Healthc Adm 2013;1(1):19-24.

Source of support: Nil

Conict of interest: None

INTRODUCTION

Human culture is built upon the formulation of values

that form the basis of an ethical society, honesty, integrity,

respect, pursuit of excellence, civic duty, accountability

and loyalty. Since the dawn of civilization, by trial or error,

it has become established that a society and more so it’s

medical profession, a public oriented and noble profession,

can survive and thrive only by observance and practice of

certain rules of conduct guided by ethical, moral, legal and

social values of land.

Healthcare in Indian features a universal healthcare

care system run by the constituent states and territories.

The constitution charges every state with ‘raising the level

of nutrition and the standard of living of its people and

improvement of public health as among its primary duties. Law

is an obligation on the part of society imposed by the competent

authority, and noncompliance may lead to punishment in the

form of monetary ne or imprisonment or both.

In a survey conducted at Mumbai, eight out of 10 doctors

feel that the laws that govern the practice of healthcare in

India are outdated and even higher majority feels that there

are too many laws and licences that are required to keep

their practice going. A survey among 297 doctors across

specializations says that there are about 50 different laws

that govern the practice of healthcare in India. The study

conducted by Medscape India, a nonprot trust of doctors,

revealed that 78% of doctors feel that many of the laws that

govern medical practice are outdated. Licences have to be

procured by doctors running a hospital every year.1

MEDICAL LAWS IN INDIA

The earliest civilization known to us is the Indus urban culture

of 3000 to 2000 BC. The renowned medical historian Henry

Sigerist 2 believed that public health facilities of Mohenjo

Daro were superior to those of any other community of the

ancient orient. Since the ancient times, certain duties and

responsibilities have been cast on persons who adopt this

1,2Medical Officer (Hospital Services), 3Assistant Professor

1Ministry of Defence, L Block, New Delhi, India

2Military Hospital, Panaji, Goa, India

3Department of Hospital Administration, Postgraduate Institute

of Medical Education and Research, Chandigarh, India

Corresponding Author: Madhav Madhusudan Singh, 543

AFNO Enclave, Plot 11, Sector 7, Dwarka, New Delhi-110075

India, e-mail: mmsingh2011@gmail.com

JRFHHA

LEGAL AND ETHICAL ISSUES

10.5005/jp-journals-10035-1004

Madhav Madhusudan Singh et al

20

sacred profession. This is exemplied by Charak’s Oath

(1000 BC) and Hippocratic Oath (460 BC). The written

evidence of the state’s involvement and regulatory function

is available from the Kautilya’s Arthashastra. Kautilya

considered famine as a bigger calamity than pestilence and

epidemics, as the remedies can be found for the diseases.

He believed that the king should order the physician to use

medicine to counter epidemics.3

The earliest known code of laws of health practices were

the laws formulated around 2000 BC by Hammurabi, the

great king of Babylon. These laws, also called the code of

Hammurabi governed the various aspects of health practices,

including the fees payable to physician for satisfactory

services. The laws were drastic and penalties for harmful

therapy stringent. Doctors whose proposed therapy proved

wrong ran the risk of being killed. This was the first

codication of medical practice.

The first ever code of medical ethics called the

Hippocratic oath was laid down 2500 years ago, in the 5th

century BC, by Hippocrates—the Greek physician. He is

remembered till today as the ‘Father of western medicine’.

Hippocratic oath has been guiding and regulating the conduct

of doctors for centuries. The modern version of Hippocratic

Oath (called the declaration of Geneva), devised by the WHO

after the second world war and accepted by international

medical fraternity as the international code of medical ethics,

draws heavily upon the ancient oath.

During the Ashoka period (270 BC), the state showed

interest in the public works and provision of medical care

and as a law. He founded hospitals all over his empire with

medical attendance at state expense.4 Ethics is described in

the Charaka—Samhita, in details and Ayurvedic physicians

of ancient India has a well-dened medical ethics”.5

The colonial power brought with them their own

physicians and barber surgeons. In the mid 19th century, as

the medicine got recognized in England, it slowly started

having its impact in India too. After 1857, the main factors

that shaped colonial health policy in India were their concern

for troops and European civil population.6

The process of establishment of healthcare system

also necessitated creation of legislative framework for

practitioners of medicine. In the earlier period of rule, the

physicians and surgeons brought by the East India company

and after 1857 by the British Government, needed some

discipline and regulations. Lt Colonel DG. Crawfords ‘A

history of Indian medical services, 1600-1913’ narrates

several instances of in-discipline, insubordination,

malpractice, etc. by such doctors and the punishments

(including deportation) mated out to them. It also narrates

the regulation devised by the East India Company for the

hospitals established by them.

After the enactment of the law, establishing General

Medical Council in 1857 in England, the British doctors

employed in India were registered with the GMC and came

under its disciplinary regulation. As the number of doctors

qualied in Indian medical colleges increased, creation of

laws for them became necessary.

As a part of criminal procedures and for other purposes,

the colonial government had, in 1871, enacted Coroner’s

act applicable to Bombay and Calcutta. It defined the

role of medical professionals in the work of conducting

autopsy and inquests. However, the laws for the creation

of indigenous medical councils took many more years for

enactment. Mean-while, the laws were enacted for the the

prevention of the spread of dangerous epidemic disease,

for the segregation and medical treatment of pauper, etc.

The epidemic disease act was rst enacted in 1807 and is

still in force with amendments, while the Lepers Act 1898

was repealed and substituted by another law in early 1980s.

Grant Medical College Society in 1880 passed a Bombay

Medical Act and established the medical council. The draft

rule of this act included the appointment of a registrar,

maintenance of name in register and penalty for doing wrong

things. The Bombay Presidency enacted Bombay Medical

Act in 1912. Medical acts in some other provinces soon

followed. The Bengal Medical Act and Madras Medical

Registration Act were enacted in 1914.

These provincial acts were immediately followed by the

Indian Medical Degree Act, passed by the Indian Legislative

Council and approved by the Governor General in 1916.

The Medical Council of India, a national level statutory

body for the doctors of modern medicine, was constituted

after the enactment of Indian Medical Council Act 1933. The

rst legal recognition and registration for the Indian systems

of medicine came when the Bombay Medical Practioner Act

was passed in 1938.

Post 1947 Developments

The independence in 1947 inaugurated a new phase of

development of organized health care services creating more

entitlement for the people. Along with that, the state also

embarked on enactment of new laws, modication of the

colonial laws and judiciary developed case laws to consolidate

people’s entitlement of health care and to extent the rights.

At the time of independence and the rst few years of

planning, the task confronting the country was to create

physical and institutional infrastructure for the rapid

development or modernization of India.

With time, the parliament has passed a large number

of bills and acts to strengthen the healthcare delivery in

India.

Laws Applicable to Medical Practice and Hospitals in India

International Journal of Research Foundation of Hospital & Healthcare Administration, July-December 2013;1(1):19-24

21

JRFHHA

Prerequisites of Medical Practice

A duly qualied medical professional, i.e. a doctor has a

right to seek to practice medicine, surgery and dentistry

by registering himself with the medical council of the state

of which he is resident, by following the procedure as

prescribed under the medical act of the state.

The state medical council has the power to warn, refuse

to register/remove from the name of a doctor who has been

sentenced by any court for any nonbailable offence or found

to be guilty of infamous conduct in any professional respect.

The state medical council has also the power to re-enter the

name of the doctor in the register.

The provision regarding offences and professional

misconduct which may be brought before the appropriate

medical council (state/medical Council of India) have been

stated in the Indian Medical council (Professional conduct,

etiquette and ethics) Regulation 2002. No action against a

medical practitioner can be taken unless an opportunity has

been given to him to be heard in person or through an advocate.7

Emergency Healthcare and Laws

The supreme court has been emphatic in declaring that the

fundamental right to life covered within its scope the right to

emergency healthcare. The landmark judgment that marked

this momentous event is that of Parmanand Katara V, Union

of India (Supreme Court 1989). In this case, a scooterist

severely injured in a road accident was refused for admission

when taken to nearest hospital on the excuse that hospital

was not competent to handle medicolegal cases. The supreme

court, in its judgment, pronounced that the obligation of

medical professionals to provide treatment in cases of

emergencies overrode the professional freedom to refuse

patients. According to the right to emergency treatment, the

status of a fundamental right under Article 21 (fundamental

right of life), the court categorically stated that ‘Article 21

of constitution casts the obligation on the state to preserve

life. Interestingly, the supreme court went on to say that not

only government hospitals but also ‘every doctor whether

at a government hospital or otherwise has the professional

obligation to extend his/her service with due expertise for

protecting life.

In another case (Paschim Banga Khet Majdoor Samity

vs State of West Bengal, Supreme Court, 1996), a person

suffering from head injuries from a train accident was

refused treatment at various hospital on excuse that they

lacked the adequate facilities and infrastructure to provide

treatment. In this case, supreme court further developed

the right to emergency treatment, and went on to state

that the failure on the part of government hospital to

provide timely medical treatment to a person in need of

such treatment results in violation of his/her right to life

guaranteed under Article 21.

Criminal Liability in Medical Profession

Criminal law tries to mold the individual behavior in a

socially accepted manner. It tries to enforce the rules of

social mortality to a great extent. Criminal law denes certain

types of human conduct as offences and prescribes the

punishment for them. Remission by doctors in their duties

and obligations and lapses left by them may give to criminal

liabilities, the liabilities of being prosecuted in a criminal

court and awarded punishment as per provision of law.

The criminal law operates on a doctor in somewhat a

different manner than an ordinary persons. This is because it

allows a doctor to cause injury to the patient for preventing

a greater harm. The crucial area of criminal law for a doctor

is offences affecting life. These offences are mainly murder ,

simply hurt, grievous hurt and miscarriage or abortion. A doctor

may be charged for any of these offences in general. However,

the criminal law arms a doctor with three formidable defences

namely: (1) informed consent, (2) necessity and (3) good faith.

Various criminal liabilities in medical practice related

to different sections of Indian Penal Code, the code of

criminal procedure and different acts like MTP, PCPNDT,

Transplantation of Human Organ Act, etc.

LAWS APPLICABLE TO HOSPITALS

Laws Governing the Commissioning of Hospital

These are the laws to ensure that the hospital facilities are

created after due process of registration, the facilities created

are safe for the public using them, have at least the minimum

essential infrastructure for the type and volume of workload

anticipated, and are subject to periodic inspections to ensure

compliance. These are listed in Table 1 below:

Table 1: Laws governing the commissioning of hospital8

1. Atomic Energy Act 1962

2. Delhi Lift Rules 1942, Bombay Lift Act 1939

3. Draft Delhi Lifts and Escalators Bill 2007

4. Companies Act 1956

5. Indian Electricity Rules 1956

6. Delhi Electricity Regulatory Commission (Grant of consent

for captive power plants) Regulations 2002

7. Delhi Fire Prevention and Fire Safety Act 1986, and Fire

Safety Rule 1987

8. Delhi Nursing Home Registration Act 1953

9. Electricity Act 1998

10. Electricity Rules 1956

11. Indian Telegraph Act 1885

12. National Building Act 2005

13. Radiation Protection Certicate from BARC

14. Society Registration Act

15. Urban Land Act 1976

16. Indian Boilers Act 1923

17. The Clinical Establishment (Registration and Regulation)

Bill 2007

Madhav Madhusudan Singh et al

22

Laws Governing to the Qualification/Practice and

Conduct of Professionals

These are the regulations to ensure that staff employed in

the hospital for delivery of healthcare are qualied and

authorised to perform certain specied technical jobs within

specied limits of competence and in accordance with

standard codes of conduct and ethics, their credential are

veriable from the registering councils and in case of any

professional misconduct the councils can take appropriate

action against them. These laws are listed in Table 2.

Table 2: Laws governing to the qualication/practice and

conduct of professionals

1. The Indian Medical Council Act 1956

2. Indian Medical Council (Professional Conduct, Etiquette,

and Ethics Regulations 2002)

3. Indian Medical degree Act 1916

4. Indian Nursing Council Act 1947

5. Delhi Nursing Council Act 1997

6. The Dentist’s Act 1948

7. AICTE Rules for Technicians 1987

8. The Paramedical and Physiotherapy Central Councils

Bill 2007

9. The Pharmacy Act 1948

10. The Apprenticeship Act 1961

Laws Governing to Sale, Storage of Drugs and

Safe Medication

These are laws to control the usage of drugs, chemicals,

blood, blood products, prevent misuse of dangerous

drugs, regulate the sale of drugs through licences, prevent

adulteration of drugs and provide for punitive action against

the offenders. These are listed in Table 3.

Table 3: Laws governing to sale, storage of drugs and safe medication

1. Blood Bank Regulation Under Drugs and Cosmetics

(2nd Amendment) Rules 1999

2. Drugs and Cosmetics Act 1940 and Amendment Act 1982

3. Excise permit to store the spirit, Central Excise Act 1944

4. IPC Section 274 (Adulteration of drugs), Sec 275 (Sale of

Adulterated drug), Sec 276 (Sale of drug as different drug

or preparation), Sec 284 (negligent conduct with regard to

poisonous substances)

5. Narcotics and Psychotropic Substances Act

6. Pharmacy Act 1948

7. Sales of Good Act 1930

8. The Drug and Cosmetics Rule 1945

9. The Drugs Control Act 1950

10. VAT Act/Central Sales Tax Act 1956

Laws Governing Management of Patients

These are the laws for setting standards and norms for

conduct of medical professional practice, regulating/

prohibiting performance of certain procedure, prevention

of unfair practices and control of public health problems/

epidemic disease. They deals with the management of

emergencies, medicolegal cases and all aspects related there

to including dying declaration, and conduct of autopsy and

the types of professional negligence. These laws are listed

in Table 4.

Table 4: Laws governing management of patients

1. Birth and Deaths and Marriage Registration Act 1886

2. Drugs and Magic Remedies (Objectionable) Advertisement

Act

3. Guardians and Wards Act 1890

4. Indian Lunacy Act 1912

5. Law of Contract Section 13 (for consent)

6. Lepers’ Act

7. PNDT Act 1994 and Preconception and Prenatal Diagnostic

Tech (prohibition of sex selection) Rules 1996 (Amendment

Act 2002)

8. The Epidemic Disease Act 1897

9. Transplantation of Human Organ Act 1994, Rules 1995

10. The Medical Termination of Pregnancy Act 1971

11. Medical Termination of Pregnancy Rules 2003

12. The Mental Health Act 1987

Laws Governing Environmental Safety

These are the laws aimed at protection of environment

through prevention of air, water, surface, noise pollution and

punishment of offenders. These laws are listed in Table 5.

Table 5: Laws governing environment safety

1. Air (prevention and control of pollution) Act 1981

2. Biomedical Waste Management Handling Rules 1998

(Amended on 2000)

3. Environment Protection Act and Rule1986, 1996

4. NOC from Pollution Control Board

5. Noise Pollution Control Rule 2000

6. Public Health Bye Law 1959

7. Water (prevention and control of pollution) Act 1974

8. Delhi Municipal Corporation (malaria and other mosquito

borne diseases) Bye Law 1975

9. The Cigarettes and Other Tobacco Products (prohibition

of advertisement and regulation of trade and commerce,

production, supply and distribution) Bill 2003

10. Prohibition of Smoking in Public Places Rules 2008

11. IPC Section 278 (making atmosphere noxious to health),

Sec 269 (negligent act likely to spread infection or disease

dangerous to life, unlawfully or negligently)

Laws Governing Employment and

Management of Manpower

This group deals with the laws regulating the employment

of manpower , their salaries and benets, service rules and

system of redressal of grievances and disputes. These laws

are listed in Table 6.

Laws Applicable to Medical Practice and Hospitals in India

International Journal of Research Foundation of Hospital & Healthcare Administration, July-December 2013;1(1):19-24

23

JRFHHA

Table 8: Laws governing the safety of patients, public and staff

within the hospital premises

1. The Radiation Surveillance Procedures for the Medical

Application of Radiation 1989, Radiation Protection Rules

1971

2. AERB Safety Code no. AERB/SC/Med-2(rev-1) 2001

3. Arms Act 1950

4. Boilers Act 1923

5. Explosive Act 1884 (for diesel storage)

6. Gas Cylinder Rules 2004

7. Insecticide Act 1968

8. IPC Section 336 (act endangering life or personal safety of

others), Sec 337 (causing hurt by act endangering life or

personal safety of others), Sec 338 (causing grievous hurt

by act endangering the life and personal safety of others).

9. NOC from chief re ofce

10. Periodic tness certicate for operation of lifts

11. Petroleum Act and Storage Rules 2002

12. Prevention of Food Adulteration Act 1954

13. The Indian Fatal Accidents Act 1955

14. The Tamil Nadu Medicare Service Persons and Medicare

Service Institutions (prevention of violence and damage or

loss to property) Act 2008

Laws Governing Professional Training

and Research

There are the laws meant to regulate the standards of

professional education and training of doctors, nurses,

technician and controlling research activities. These laws

are listed in Table 9.

Table 9: Laws governing professional training and research

1. MCI rules for MBBS, PG and internship training

2. National board of examination rules for DNB training

3. ICMR rules governing medical research

4. NCI rules for nursing training

5. Ethical Guidelines for Biomedical Research on Human

Subjects, 2000

Laws Governing the Business Aspects

Some rules are applicable to hospital in relation to its

business aspects. These are listed in Table 10.

Table 10: Laws governing the business aspects

1. Cable Television Network Act 1995

2. Charitable and Religious Trusts Act 1920

3. Contracts Act 1982

4. Copyright Act 1982

5. Custom Act 1962

6. FEMA 1999

7. Gift Tax Act 1958

8. Income Tax Act 1961

9. Insurance Act 1938

10. Sales of Good Act 1930

Table 6: Laws governing to employment and management

of manpower

1. Bombay Labor Welfare Fund Act 1953

2. Citizenship Act 1955

3. Delhi Shops and Establishment Act 1954

4. Employee Provident Fund and Miscellaneous Provision

Act 1952

5. Employment Exchange (compulsory notication of vacancies)

Act 1959

6. Equal Remuneration Act 1976

7. ESI Act 1948

8. ESI Rules 1950

9. Indian Trades Union Act 1926

10. Industrial Dispute Act 1947

11. Maternity Benets Act 1961

12. Minimum Wages Act 1948

13. Negotiable Instrument Act 1881

14. Payment of Bonus Act 1956

15. Payment of Gratuity Act 1972

16. Payment of Wedges Act 1936

17. Persons with Disabilities Act 1995

18. PPF Act 1968

19. SC and ST ACT 1989

20. Shops and Factories Act (for national holiday)

21. TDS Act

22. The Essential Service Maintenance Act 1981

23. The Payment of Gratuity Act 1972

24. Workmen’s Compensation Act 1923

Laws Governing to Medicolegal Aspects

These are the laws governing the doctor-patient relationship,

legal consequences of breach of contract and medicolegal

aspects of negligence of duty. These laws are listed in

Table 7.

Table 7: Laws governing to medicolegal aspects

1. Consumer Protection Act 1986

2. Indian Evidence Act

3. Law of privileged communication

4. Law of torts

5. IPC Section 52 (good faith), Sec 80 (accident in doing

lawful act), Sec 89 (for insane & children), Sec 90

(consent under fear) , Sec 92 (good faith/consent), Sec 93

(communication in good faith).

Laws Governing the Safety of Patients, Public

and Staff within the Hospital Premises

These laws deal with safety of facilities and services against

any accidental hazards that may endanger the lives and the

liability of management for any violation. These laws are

listed in Table 8.

Madhav Madhusudan Singh et al

24

Licences/Certifications Required for Hospitals

A hospital administrator should be aware about the licences

that are essentially required and to renew them as and when

required. These are as listed in Table 11.

Table 11: Licences/certications required for hospitals

Sr. no. Licences/certications Frequency

1. Registration under societies

registration act

Initially

2. Inspection for electrical installation/

substation

Initially

3. NOC from local municipal ofce for

any bye law

Initially

4. Licence for storage of petrol/diesel

on form XV under the petroleum

rules 2002

2 yearly

5. Income tax exemption certicate 3 yearly

6. NOC from Delhi re services Before

implementation

7. Registration for operation of X-ray

installation with AERB

Every 2 years

8. Drug Licence for medical store,

IPD pharmacy, OPD pharmacy

Every 5 years

9. Licence to operate blood bank under

rule 122G of drug and cosmetic act

Every 5 years

10. Registration under PNDT Act 1994 Every 5 years

11. Income tax registration/PAN Once only

12. Registration for VAT/Sales tax Once only

13. Registration for EPF Once only

14. Registration for ESI coverage of

employee

Once only

15. Registration under rule 34, sub rule

(6) of MTP Act 1971

One time

registration

16. Registration under Delhi nursing

Home Act 1953

Yearly

17. Indemnity insurance policy Yearly

18. Standard re and special perils

policy

Yearly

19. Authorization for generation of

BMW under BMW handling rule

1996

Yearly renewal

20. Licence for operating lift under

Sect 5 and 6 and Rules 4 and 5

(inspector of lift, state govt)

Yearly renewal

Periodic Reports and Returns as

Legal Commitment

A hospital administrator should be aware about the reports

and returns that are essentially required by different

agencies with xed periodicity. Some of these are listed

in Table 12.

Table 12: Periodic reports and return as legal commitment

for hospitals

Sr. no. Periodic reports and return for

hospitals

Frequency

1. Biomedical waste generation Annual

2. Income Tax Annual return

3. Units processed in blood bank Monthly

4. MTP reports Monthly

5. PNDT report (prenatal USG

done)

Monthly

6. Employees provident fund Monthly/annual

7. ESI act Monthly/annual

8. VAT Monthly/quarterly online

9. Registration of births and deaths On every occurrence

10. Post polio paralysis case On every occurrence

11. Communicable disease report On every occurrence

12. Radiologist registration under

PNDT

On induction of a new

radiologist

13. USG machine registration

under PNDT

On induction of each

machine

14. Needle stick injuries On occurrence

15. TLD Badges for monitoring the

dosage received

Quarterly

16. TDS Quarterly

CONCLUSION

The health legislations are very few as compared to the size

and problems in the health care sector. There is a need for

having a comprehensive health care act, framed in order to

gear the entire health care sector to the objectives laid down

in the different policy in India. Most of the common medico

legal situations arise out on noncompliance with these rules

and regulations. If a hospital or doctor acquaints well with

these rules and regulations and follows them sincerely, he/

she would be on the right side of the law.

REFERENCES

1. Sinha TK, Times of India. Mumbai edn, Jun 12, 2012. p. 5.

2. Henry SE, A history of medicine, Vol II, Early Greek, Hindu and

Persian medicine, Oxford University Press, 1987;(2). p. 142-143.

3. Rangarajan LN, Kautilya’s Arthashastra, New Delhi, Penguin

Books, 1st ed. p130-131.

4. Kosambi DD. The culture and civilisation of ancient India in

historical outline, New Delhi, Vikas Publication 1970:160.

5. Chattopadhyay D. Science and society in ancient India. Research

India Publication, 1979 edn. p-22.

6. Ramasubban R, Public health and medical research in India: their

origins lender the impact of British Colonial Policy’ SAREC.

1982;R.4

7. Singh J, et al. Medical Negligence and Compensation. Bharat

Law Publication, 3rd edition. p.2-4.

8. Joshi SK. Quality Management in Hospitals. Jaypee Brothers

Medical Publishers, 1st edition. p 368-369.

Citations (3)

References (7)

… Depending on the committee opinion, if the radiologist is proved negligent, necessary action will be taken up according to the nature of act. [14,15] In Indian Law, doctors can be held responsible under: [3,16] 1. Civil suit consumer court: Consumer protection act (CPA) considers patient seeking medical care as ‘consumer’ and doctors attending to it as ‘service provider’. Though act was passed in 1986, medical services were included under the act in 1992. …

… A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.” [17] In order to protect oneself from malpractice litigation, following points should be remembered: [7][8][9][10][11][12][13][14][15][16][17][18][19][20] • Always consider the clinical history viz, history of presenting illness, past history and occupational and drug history. If more information is needed, contact the referring physician directly. …

… If there is any legal proceeding pending in the court of law, then these records should not be destroyed till the proceedings have been disposed off. 16. Advertisement and communication of sex selection is strictly prohibited under the act. …

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