Author: Dr.Shri Gopal Kabra

Abstract Background Laws in healthcare are often enacted with the intent to safeguard patients, ensure accountability, and promote equitable access. Yet, many such statutes remain “orphaned” — existing on paper but neglected in practice due to weak enforcement, fragmented oversight, or systemic inertia. Objective This paper examines the phenomenon of orphan laws in healthcare, with particular attention to the enforcement gaps that undermine their protective intent. It highlights how these gaps translate into tangible harm for patients, practitioners, and the broader public health system. Methods A multidisciplinary review of statutory frameworks, case law, and public health outcomes was undertaken. Comparative…

“If we desire respect for the law, we must first make the law respectable.” — Louis D. Brandeis “It seems to be a law of nature, inflexible and inexorable, that those who will not risk cannot win.” — John Paul Jones Abstract Modern medicine inevitably carries risks that persist despite adherence to established standards of care. Licensed physicians, however, are frequently held liable for such inherent harms, fostering defensive practices, litigation anxiety, and professional burnout. This paper advances an AI-enhanced framework to differentiate unavoidable medical risks from preventable errors, thereby promoting balanced accountability. By integrating medico-legal principles with advanced data…

Abstract Anesthetic deaths represent one of the most intricate and contested domains in medico-legal practice. The interplay of clinical uncertainty, procedural complexity, and legal accountability often results in disproportionate blame, prolonged litigation, and emotional distress for both families and practitioners. Traditional audit mechanisms, while essential, frequently lack the precision and contextual depth required to distinguish between preventable error, systemic failure, and unavoidable risk. This paper explores anesthetic mortality as a medico-legal challenge through an AI-assisted analytical framework. Clarification on the Term “On Table Death” ‘On Table Death’ is a term coined for intra-operative deaths occurring on the operation theatre table.…

Abstract Drug safety remains a cornerstone of public health, yet adverse drug reactions continue to challenge both regulatory systems and clinical practice. Prescribing physicians often stand at the intersection of patient care and legal accountability, facing scrutiny when therapeutic benefit collides with unforeseen harm. This paper explores the evolving framework of drug safety regulation and the medico-legal implications of prescribing, with particular attention to liability for adverse reactions. By employing AI-assisted analysis, the study elucidates complex intersections between statutory law, regulatory oversight, and clinical responsibility. The aim is to clarify accountability pathways, highlight gaps in current frameworks, and propose structured…

Background Multi-organ failure (MOF) is a leading cause of illness and death in critical care. It is marked by complex biological processes and challenges in diagnosis. Recent advances in artificial intelligence (AI) provide opportunities for early recognition, better treatment guidance, and addressing legal concerns related to adverse outcomes. Objective This article examines the role of AI in understanding, diagnosing, and managing MOF, while also exploring its impact on clinical accountability and legal responsibility. Methods/Approach A narrative review of current literature was conducted. It draws insights from systems biology, machine learning in intensive care, and medicolegal frameworks. Focus was placed on…

The Tiny Genital Tubercle of Sonography and the Mighty PCPNDT Act: Sonologist vs Criminologist Abstract The intersection of prenatal sonography and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act represents a complex battleground between medical science and legal enforcement. This paper examines the medico-legal tensions surrounding the identification of the genital tubercle in early fetal imaging—a structure of minute anatomical significance that has become a focal point in the debate over sex determination and its regulation in India. Through a comparative lens, the study contrasts the interpretive role of the sonologist, grounded in diagnostic precision and clinical ethics, with the…

Hysterectomy operation performed by a trained and experienced gynecologist, following accustomed surgical norms, any iatrogenic injury to Ureter, bladder or bowel, is accidental – hence not an actionable offence. Q. What are the reported iatrogenic injuries in ‘Hysterectomy’ in general and Laparoscopic Assisted Vaginal Hysterectomy with Salpingo-oophorectomy in particular? AI: > Iatrogenic Injuries in Hysterectomy Procedures: A Comprehensive Analysis Introduction Hysterectomy remains one of the most commonly performed gynecologic surgeries worldwide, with an estimated 600,000 procedures conducted annually in the United States alone. Approaches include total abdominal hysterectomy (TAH), vaginal hysterectomy (VH), laparoscopic hysterectomy (LH), and robotic-assisted hysterectomy (RH). The…

“An AI-Enabled Review of Regulatory Gaps and Public-Safety Challenges.”Aluminium phosphide is a highly effective fumigant used to protect stored grains, especially in warehouses and large-scale storage facilities. As a solution to food scarcity, it has proven invaluable. It leaves no harmful residues on the grains and poses minimal risk when used properly. When exposed to moisture in the air, aluminium phosphide slowly releases phosphine gas at a controlled rate. Despite its widespread use, there have been no reported deaths from inhalation in storage environments. In stark contrast, ingestion of aluminium phosphide is invariably lethal. Once it enters the acidic environment…

Forced Abortion “Forced Abortion” immediately brings to mind the dark era of Sanjay Gandhi’s sterilization drive—when government officials roamed villages enforcing quotas, and doctors operated under immense pressure in temporary camps. That campaign rested on the belief that strict, sometimes brutal, measures were essential to curb population growth. This narrative unfolds after those harsh days. Although outright coercion had ended, subtler pressures lingered. I first met Shyam, a young advocate at the Rajasthan High Court, through my work as a medico-legal activist. Having given up my medical license to practice law (I hold an LLB), I’d been filing public interest…

Confidentiality in Indian Medical Ethics Confidentiality is a patient’s fundamental right. Disclosure—by design or default—to a third party that may harm the patient is a punishable offence. Preventing disclosure by default in Indian hospital settings is a dilemma. Case Introduction Question: I would like to discuss a case of an unmarried teenage pregnant Indian girl. The social norms of traditional Indian society are very different from those in permissive Western societies. The discussion should strictly address norms and sensitivities of Indian society, including religious considerations. A Case of an Unmarried Pregnant Girl A 17-year-old unmarried girl is brought to the…