Validity of Medico Legal
The Supreme Court has cautioned police against arresting or harassing doctors unless the facts clearly meet the parameters established in the Jacob Mathew case. The police were even threatened that if they did not comply with these orders, they would have to count themselves in legal action. The Supreme Court continued: “To sue a physician for negligence, it must be proved that the defendant did or omitted to do something that no physician in his usual sense and prudence would have done or omitted to do in the given facts and circumstances. The danger that the accused physician accepts should be such that the resulting injury was most likely imminent. [30] The Supreme Court has sought to allay fears that prevent health care professionals from fulfilling their duty to a person who is suffering. Mohammed Madadin,1 Abdullah A Alqarzaie,1 Rashed S Alzahrani,1 Faisal F Alzahrani,1 Saleh M Alqarzea,1 Khalid M Alhajri,1 Mohammed A Al Jumaan2 1College of Medicine, King Fahad University Hospital, Imam Abdulrahman Bin Faisal University, Dammam, Saudi Arabia; 2Department of Emergency Medicine, College of Medicine, King Fahad University Hospital, Imam Abdulrahman Bin Faisal University, Dammam, Eastern Province, Saudi ArabiaKorrespondenz: Mohammed MadadinDepartment of Pathology, College of Medicine, King Fahad University Hospital, Imam Abdulrahman Bin Faisal University, Dammam, 34211, Saudi ArabiaTel +966 13 3333766Fax +966 13 3330333E-Mail [email protected]Einleitung: Ein medizinisch-rechtlicher Fall (MLC) beinhaltet eine Verletzung oder einen medizinischen Zustand in denen Strafverfolgungsbehörden die Verantwortung für eine Verletzung oder einen medizinischen Zustand untersuchen und festlegen. Incorrect or incomplete medico-legal reports (MPRs) can cause a pause or delay in the court process and violate patients` rights. The purpose of this study is to describe the properties of MLCs and to identify errors in MLRs. Materials and methods: This retrospective and descriptive study was conducted at a teaching hospital in the Eastern Province of Saudi Arabia. A total of 418 MLRs submitted over a period of 6 months and verified for MLC characteristics and defect identification. Results: A total of 418 RPMs were included in this study. Fights or physical attacks and assault accounted for the largest proportion of MLCs, accounting for 83% of MLCs. Blunt injuries were the dominant type of injury in most cases (81.8%).
With respect to errors in RPMs, no RPMs were error-free in this study. Conclusion: Fights or physical assaults and assault accounted for the majority of MLCs. Several errors were found in the MLRs provided by the doctors. The drafting of MMRs should follow standardized guidelines regarding legal procedures and patients` rights. We recommend that physicians train physicians in the drafting of MMRs in the interest of the proper administration of justice. Keywords: forensic case, injury, forensic report, Saudi Arabia 1. Brahmankar TR, Sharma SK. A study based on records of the frequency and profile of forensic cases reported at a tertiary care hospital in Miraj. Int J Community Med Public Health. 2017;4:1348–1352. doi:10.18203/2394-6040.ijcmph20171374 Of the 94 subjects analyzed for their responses, 87 respondents duly completed the forms in terms of designation and 84 respondents in terms of experience and were considered accordingly for the study.
Of these, 53 were doctors and 34 were specialists. Fifty-six percent had sufficient knowledge. Among specialists (n = 53), 52.8% had sufficient knowledge, 45.28% had partial knowledge and 1.8% had poor knowledge. Among specialists (n = 34), 67.6% had sufficient knowledge, 29.4% had partial knowledge and 2.9% had poor knowledge. The review of years of experience in the field of knowledge revealed that 42.8% of those with 0 to 5 years of experience (n = 14), 58.3% with 06 to 10 years of experience (n = 12), 60% with 11 to 15 years of experience (n = 25), 68.7% with 16 to 20 years of experience (n = 16) and 58.9% with 20 years or more of experience (n = 17) had sufficient knowledge. [Table 1]. We analyzed physicians` responses based on their level of knowledge of various aspects of medico-legal case management and found that 6.4% had sufficient knowledge of documentation, 21.2% of consent, 3.2% of POCSO, 71.2% of autopsy, and 88.2% of legal obligations in emergency care. [Table 2]. The chi-square test was used to determine the significance of the designation and years of experience with knowledge, which were 0.33 and 0.75, respectively. MLCs are often encountered by doctors working in the emergency medicine department of hospitals. In an MLC, the hospital`s medical record in relation to the case and the forensic report (MLR) submitted by the physician are crucial. An MLR is a report prepared by a physician for legal proceedings.
It is considered written evidence from the doctor who reviewed the case and documented the results. In many countries, such as Saudi Arabia, an RPM is issued at the request of the authority.3 The following cases must be considered medico-legal and, as such, the licensed medical officer is “obliged” to inform the police of these cases: 2. All doctors working in hospitals/country doctors/non-medical units encounter medico-legal problems which must be treated in accordance with the law of the country and the directives issued by the centre services. · Any other case that does not fall into the above categories but has legal implications. 7. Haridas SV, Pawale DA. A retrospective study of the model of clinical forensic cases registered at the Kolhapur District Tertiary Health Centre. J Forensic Med Sci Law. 2014;23:1-5. Benjamin Franklin explained that there are two absolute certainties in life: death and taxes. In fact, there is indeed a third absolute certainty, and that is change. Whatever happens, life and its conditions will change.
Nowhere is this more evident than the accelerated pace of scientific progress, especially in the field of medicine, where the breadth and depth of knowledge is expected to double every nine months to a year. In this context, it is impossible for a layperson to fully understand the nature of medical evidence in complex medico-legal cases, and courts are increasingly relying on expert advice to support their decision-making. For physicians, it is essential to develop an asset protection plan in addition to professional liability insurance. A malpractice lawsuit not only reduces a physician`s ability to make a living in medicine, but can also harm or destroy assets earned and invested. There are two categories of professional liability, such as personal or individual liability: This bears the liability risk of the doctor and his qualified assistant. Errors and Omissions Policy: This policy applies to an institution, nursing home or hospital and its staff. If a physician owns a hospital or facility, it is recommended to establish both an individual policy and an error policy, as the hospital or facility is a separate legal entity and can often be a party to a medico-legal matter. [7] Practicing medicine today is nothing short of dangerous and risky work, as the number of civil and criminal lawsuits, as well as violence against health professionals, increases.