Beyond the Bench: The Moral and Legal Debate on Court-Ordered Late-Term Pregnancy Termination Justice vs. Ethics: The Controversial Reality of Court-Ordered Late-Term Pregnancy Termination ...
Forensic toxicology plays a critical role in criminal investigations by analysing biological and environmental samples to identify toxic substances related to drug overdoses, poisonings, and im...
Abstract The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply, and Distribution) Act, 1992, commonly referred to as the IMS Act, was enacted in I...
Q>Please examine the three statements and rephrase them and provide alternatives Need to define in medical context general terms used to adjudicate medical negligence Ill defined legal pr...
In a world where identity is often taken for granted, the DNA Doe Project (DDP) stands as a beacon of hope, dedicated to returning names and stories to the unidentified deceased. Founded in 201...
Several terms are used as legal principle or legal propositions for adjudicating negligence. They are used as their dictionary meaning. When used in specific medical negligence, they need to be...
In forensic science, the ability to identify human remains is crucial for solving crimes and providing closure. Among the bodily elements that can survive trauma and decomposition, teeth stand ...
The increasing trend of permitting private laboratories to process forensic evidence, such as DNA and fingerprints, marks a significant departure from the established practice of relying primar...
Medical Negligence Adjudication: The Tug-of-War Between Legal and Medical StandardsLegal Versus Medical Precedence in Medical Negligence Cases Judges wear legal professionalism and precedent a...
The post mortem report serves as a critical document in medico-legal investigations, with the primary goal of establishing the cause, manner, and time of death. While a thorough autopsy entails...
Legal systems in 'common law countries' and 'civil law countries': Common man's dilemma; 'Court of Justice' and 'Court of Law' compound the issue. A Tale of Two Systems: Common Law and Civil...
The Ambiguity of Legal Principles in Medical Negligence Cases: A Critical Analysis Navigating the Vagueness: Challenges in Applying Legal Constructs to Medical Negligence Legal principles u...
Gross Medical Negligence is Too Gross a Concept to Assign Criminal Liability Criminalizing Medical Mistakes: A Controversial Perspective Q. What are adjectives, like gross, reckless, ...
The Case of a Precious Pregnancy: Medico-legal Dilemma Balancing Life and Law: The Challenges of a Precious Pregnancy Pregnancy is not a disease, but when it becomes one it is sudden and life t...
Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chaos: Liability for Medi...
Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chao...
There is no immunity for an offense, but for liability, there is substantial immunity for a physician. "Accountability vs. Immunity: The Physician's Paradox" "Accountable Yet Not Liab...
Forensic science is that branch of scientific investigation concerned with the basic rules and procedures for analyzing evidence in connection with crimes. These laid principles ensure systemat...
Q. Medical negligence is actionable when it results into a bodily harm – physical, physiological or functional – to the patient consequent to a treatment by a physician. Bodily hurt, injury, gr...
Mistakes in medical practice are real time live lessons for competence enhancement: crime if you do not learn from it. There are no mistakes, save one: the failure to learn from a mistak...
Medical negligence cases represent a critical intersection of law, ethics, and healthcare. They have far-reaching consequences, impacting not only the lives of individual patients and their fam...
"The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes". In other words, ratio decidendi is legal rule derive...
The Indian Medical Association v. V.P. Shantha & Others (1995) case is a seminal judgment delivered by the Supreme Court of India that brought medical services within the purview of the Con...
Q. Medical negligence is – Ill-defined offence (Ratan Lal Dheeraj Lal) Adjudicated by ill-defined consumer forums (CPA 1986) Following an ill-defined procedure of summary trial (Jacob ...
Suicidal Cut:Suicidal or Self-inflicted cuts indicative of suicidal intent are typically located on easily reached body areas like the wrists, neck, or inner forearms. These wounds commonly app...
Q. Given that judicial officers lack specialized knowledge in the complex field of medicine, it is customary to rely on 'expert opinions' when adjudicating cases of medical negligence. However, nei...
The Supreme Court of India's decision in Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.(2020) 6 SCC 501, stands as a pivotal judgment addressing the intricate relation...
A medical professional practices bed-side medicine and not law. A judicial officer practices law and not medicine while adjudicating in a case of medical negligence. Transgressing their respect...
Doctors are among the noblest professions. To carry out this profession with all the care and responsibility, doctors are bound by the Hippocratic Oath. When a health service provider violates ...
While DNA analysis is widely considered a robust and reliable tool in forensic science, it's crucial to acknowledge that, like all scientific methodologies, it is susceptible to errors. These e...
Healthcare sector plays a pivotal role in overall development and well being of a society. It is indeed an important segment for determining a country's overall human development index and stan...
As the licensing authority, Medical Councils act as custodians of medical practitioners, ensuring they adhere to professional and ethical standards. However, their role should also encompass pr...
Ethics is knowing the difference between what you have a right to do and what is right to do. Potter Stewart. In law a man is guilty when he violates the rights of others. In ethics he is guil...
"An expert is a man who has made all the mistakes which can be made, in a narrow field" Niels Bohr "For every expert, there is an equal and opposite expert." Arthur C. Clarke Expert input, 'e...
Legal Principles vs. Legal Fictions in Medical Negligence "An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysh...
Article 21 of the Indian Constitution, a fundamental right, states that "no one shall be deprived of his life or personal liberty except according to the procedure established by law."...
Navigating Medico-Legal Consent: A Labyrinth of Challenges Q. Consent is an essential legal requirement before a physician does any intervention or provides treatment to a patient. Consent is no...
This project explores the fundamental aspects of patient consent, rights, and responsibilities within the healthcare system. It aims to provide a comprehensive understanding of the legal, ethic...
Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless law" is a term used to describe a law that, despite being enacted, fails to uphold the principles of j...
This paper investigates the essential role that forensic pathologist, commonly known as autopsy surgeon, plays in identifying the type of firearm involved in fatal shooting incidents. Although ...
"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so m...
The Mental Health Crisis Among the New Generation: Causes and Solutions In recent years, depression and anxiety have become prevalent issues among the younger generation. The World Health O...
The Indian Medical Council Act, originally enacted in 1956, stands as a foundational statute governing medical education and the regulation of medical professionals in India. This Act's overarc...
"Eventually, red markets have the nasty social side effect of moving flesh upward, never downward through social classes. Even without a criminal element, unrestricted free markets act like vam...
The credibility of forensic investigations and the legal system as a whole are seriously threatened by manipulation, negligence, and unethical behaviour during postmortem examinations. Breaking...
Q. A woman is treated for infertility by a doctor claiming to be a specialist in `reproductive medicine' and 'infertility'. The husband of the patient is diagnosed to be azoospermia (no sperms ...
The idea that our genetic material contains Junk DNA is fading. Many DNA segments that were previously believed to be worthless now have important functions, according to recent studies. These ...
Children on therapeutic ventilation in a fee-for-service hospital. Parents default in paying the mounting bill. An ethical dilemma. AI debate. Q. Cases Of Children On Ventilators In the Intensi...
In India, autopsies (also known as postmortem examinations) are a crucial part of the investigative process in cases of unnatural, suspicious, or criminal deaths, particularly in murder cases. ...
This paper addresses the very complex environment of abortion rights in India by tracing these interactions between legal structures, social factors, and healthcare systems in which women's rep...
Q. The doctor in–charge of admission to the Intensive Cardiac Care Unit (ICCU) has just learnt that a bed in the unit has fallen vacant. He has information of three cases waiting for admission. ...
Memory forensics is an advanced field of digital forensics that involves the analysis of volatile memory (RAM) to extract valuable evidence from computer systems. This discipline has gained sig...
Q. Medical profession, health care, in Consumer Protection Act 2019. There is nothing in this new Act to infer that health care services are included in the Act.The relevant provisions are disc...
The successful delivery of first IVF child, Kanupriya alias Durga, in Kolkata on October 3rd,1978 gave the Indian population hope for surrogacy as an alternative reproductive technique (ART).Th...
Introduction to the Eggshell Skull PrincipleThe Eggshell Skull Principle, also known as the Thin Skull Rule, is a critical doctrine in tort law asserting that a defendant is liable for the full e...
Medical fraternity in India is greatly agitated on the two woes inflicted on the profession. First, the inadvertent mischief caused by inclusion of Health Care as service in Consumer Protection...
"Every criminal act carries the weight of a human story, urging us to listen and learn.".... Vishal Banga Introduction Criminal psychology is an interdisciplinary field that combine...
In the digital era, social media has revolutionized communication, allowing rapid and global dissemination of information. However, this freedom has led to a rise in social media defamation, wh...
The complexities and challenges in evaluating medical negligence cases need attention of the judiciary. The intersection of law and medicine presents unique difficulties, particularly when lega...
Medical act of providing treatment by a licensed medical practitioner can never be a criminal act. To presume the same is inherently incongruous. Q. Medical negligence is adjudicated under: ...
This paper explores the evolution of clinical trial regulations, tracing their origins and key milestones from early practices to the establishment of comprehensive legal frameworks. It begins ...
Q. There is no legal definition of negligence and certainly none for Medical Negligence. Supreme Court in the lead case, Jacob Mathew, adopted the definition from Ratan Lal Dheeraj Lal's Indian...
Tamil Nadu Medical Council ...Petitioner Versus Dr. Easwaran Dnb Frcs and Indian Medical Council ...Respondents Facts Of The Case Dr. Easwaran Dnb Frcs, the 1st respondent is surgeon. His fat...
Demonizing doctors through ill-informed medical negligence CPA decisions should be effectively countered Q. Ill adjudicated medical negligence cases, by lay judiciary, under summary trial of C...
Worldwide, Ransomware has emerged as a serious danger to users of computers and mobile devices, with the healthcare industry being particularly vulnerable. Ransomware is a serious danger in Ind...
Forensic science plays a critical role in criminal investigations worldwide, with its application varying across jurisdictions due to differences in resources, legal standards, and cultural fac...
The regulation of medical devices is a crucial aspect of public health policy, ensuring that innovative healthcare solutions are safe and effective for patient use. In India, the landscape of m...
Good-faith, the basis of physician – patient relationship, its first casualty Doctors demonized Q. Once a duly qualified and licensed doctor gives out to the public that he is available t...
Disease is any disturbance in the structure or function of the body or any of its parts, an imbalance between the individual and their environment, or a lack of perfect health. The problem with...
The connection between medical law and medical ethics is revealing. It might be thought that the two would be closely linked. After all, courts would be unlikely to make an order that requires ...
Medical law encompasses elements from various branches of law, including criminal law, human rights law, tort law, contract law, property law, family law, and public law. One commentator has su...
Q. Can you review my book Perverse Medical Negligence Judgments?Response. I found some information about your book, Perverse Medical Negligence Judgments are the Bane of Modern Medicine by Dr. Sh...
The enforcement of narcotic drugs laws in India presents a formidable challenge due to the intricate legal framework, evolving judicial interpretations, and the complexities inherent in the det...
Q. For an ordinary person negligence is causing harm to a person or property of another by breach of duty not to cause harm. Medical negligence is causing harm by breach of his duty to care, th...
Forensic science stands at the intersection of science and the legal system, playing a crucial role in the pursuit of justice. As a law student, understanding the principles and applications of...
The recent National Consumer Disputes Redressal Commission's judgment on fetal sonography is a blatant example of judicial activism and retributive justice. The case: Udayan and ors. v/s M/S...
What Is Medical Negligence?Medical negligence refers to a breach of duty or care by a healthcare provider, resulting in harm or injury to the patient. It occurs when a healthcare professional f...
Q. Indian case law on good faith exemption from medical negligence?In India, the concept of "good faith" in medical negligence cases is often discussed in the context of whether a doctor can be h...
Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, ...
In the 21st century, the confluence of global health security and geopolitics has become an imperative consideration for nations around the world. The increasing frequency and impact of pandemi...
In the complex landscape where medicine and law converge, the field of medico-legal practice plays a pivotal role. Combining expertise from both disciplines, medico-legal professionals navigate...
Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of 'literal construction' in the overall 'context of scheme...
World Mental Health Day, observed annually on October 10, serves as a vital platform to raise awareness and combat the social stigma surrounding mental health worldwide. Established in 1992 by ...
Biomedical waste, also known as healthcare waste, originates from various healthcare facilities like hospitals, clinics, dental offices, laboratories, and veterinary clinics. This waste poses s...
Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions. Exceptions provide a licensed physician exemption from any liability Causing bodily harm/in...
The forensic science system struggles with a multitude of challenges, arising from limited resources, shortage of forensic laboratories and forensic experts, ever increasing number of registere...
Forensic specialties, including pathology, anthropology, and toxicology, provide crucial expertise in legal investigations. While these disciplines provide valuable insights, they face challeng...
When certain severe offenses, like attempted murder (307 IPC) resulting in injury or grievous harm with dangerous means or weapons are involved, or if the injury is caused by acid attack, the o...
One of the golden rules of the Indian Evidence Act is that the best evidence should be presented before the court of law to decide the matter being adjudicated. What evidence may be the best to...
An incised wound is a cut caused by a sharp-edged object, such as a knife or broken glass. It usually has clean, straight edges with minimal tissue damage, often resembling a surgical or intent...
Forensic odontology falls under the realm of forensic science, a specialized field that uncovers the identity of individuals through their dental records. The discipline delves into the scrutin...
The terms 'hurt,' 'wound,' and 'injury' are often used interchangeably to describe physical harm or damage to the body, but they have distinct meanings and usage. Describing pain in medical ter...
Honorable Supreme Court has explicitly recommended such tort reform. The legislature must act. Supreme Court: There is a need to protect doctors from frivolous or unjust prosecutions in the ...
Medical Insanity:Medical insanity is a term used to describe serious mental disorders that greatly hinder a person's ability to think, feel, or behave normally. These disorders, such as schizop...
The insanity defence, also known as legal insanity, is a highly debated and intricate component of criminal law. It requires an assessment of the defendant's mental state during the alleged off...
Performing post-mortem examinations can be emotionally draining for both the pathologist and the family of the deceased. Striking a balance between the scientific investigation and showing resp...
The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional regulation. A highly trained, qualified, and licensed medical practitioner requires the autonomy ...
A viscera report is compiled in order to establish the reason for death in cases where traditional autopsies are inconclusive. These examinations involve a thorough investigation of the viscera...
Recognizing the signs and symptoms of drowning and drowning death is crucial in providing prompt intervention, potentially saving a person's life and find out the cause of death. While the medi...
This paper reviews the Healthcare Sector of India. We will study the qualities of good healthcare system drawback of the industry, impact of industry on economy and other parameters to deᤙ...
The MTP Act underwent many important amendments recently considering societal attitudes and latest advancements in medical technology and need for greater access to safe legal abortion services...
Murder:The provision of 'Murder' under Section 300 of the Indian Penal Code encompasses the offence of culpable homicide, and states that culpable homicide is considered as murder if any of the...
Background in Brief That Complainant No.1 Renu Saini was a high risk case in view of her past history of previous 3 caesarean section, multiple D & E procedures, presence of invasive vesic...
Surrogacy has also been used unfairly. The main reason it has been abused is " commercial surrogacy," sometimes known as "renting a womb." When a surrogate mother receives compensation for her ...
Simple Injury:A simple injury refers to a minor physical harm that does not have serious or long-lasting consequences, often healing without extensive medical intervention. These types of injur...
The act of killing someone through the use of toxic substances is a despicable offense that has a lengthy and ominous past, spanning across different eras and societies. This means of murder in...
Insulin overdose murder is the act of purposely injecting an excessive amount of insulin, which will lead to low blood sugar levels (hypoglycaemia) and ultimately result in death. This case cam...
Sample Blood: Sample blood plays a crucial role in forensic investigations, acting as primary evidence that can offer vital insights into the specifics of a crime. This type of blood is acquir...
Antemortem hanging refers to the act of hanging oneself while still alive. Antemortem hanging is typically associated with suicide, although it can also occur accidentally or as a result of fou...
Blood plays a crucial role in crime scene investigations, providing vital information and aiding law enforcement in solving cases. A thorough examination of blood found at the crime scene can r...
Forensic botany, a division of forensic science, utilizes plant science to solve criminal cases. It involves applying botanical knowledge and techniques to aid in the investigation of crimes, p...
Neurotechnology encompasses technologies that directly engage with the brain or nervous system, including brain imaging, stimulation, interfaces, and implants. Its potential applications in cri...
Good Faith Exemption From Criminal Liability - Harm Resulting From Medical Treatment Is No OffenceThe Bhartiya Nayay Sanhita 2023 replaces the Indian Penal Code 1860. The basic shift, per the m...
Sample Earth or Soil Evidence:Soil evidence, also referred to as sample earth, holds significant value in police investigations, especially in cases where the examination of soil characteristic...
Post-mortem examinations, more commonly referred to as autopsies, play a vital role in criminal investigations by providing valuable insights into the circumstances surrounding a person's death...
Self-inflicted injury normally involves intentionally causing physical harm to oneself sometimes with and sometimes without the intention of ending one's life. This behaviour is often a manifes...
A wound is an injury to the body caused by different factors, including trauma, accidents, or surgeries, that disrupts the normal function of tissues. The severity of wounds can range from mino...
Rigor Mortis:The process of rigor mortis is marked by the gradual hardening of muscles after death, caused by biochemical alterations. It typically begins 1-2 hours after passing and reaches it...
Suicidal Burning:Suicidal Burning or Self-immolation is a term used to describe the intentional act of setting oneself on fire in order to end one's own life. This tragic form of self-harm and ...
The process of the body cooling down after death is known as algor mortis, also referred to as 'postmortem cooling,' 'body cooling,' 'cadaveric cooling,' or 'death chill.' These terms are all i...
Livor Mortis, known as Postmortem lividity or liver mortis, is a condition that occurs following death where blood settles in the lowest areas of the body, resulting in a purplish-red discolora...
The current challenges within medical jurisprudence cover a wide range of issues at the intersection of medicine and law. These include ongoing concerns surrounding standards for medical malpra...
Rigor Mortis, a natural process that occurs after death, is characterized by the stiffening of muscles in the body. This phenomenon typically begins within a few hours of death and reaches its ...
Cadaveric spasm is a rare and intriguing phenomenon that occurs when an individual's muscles suddenly become rigid and immobile at or shortly after the moment of death. It can be compared to a ...
The information used in legal proceedings to understand an individual's physical state, injuries, illnesses, or medical conditions and cause of death is known as medical evidence. This evidence...
The differences between Wounds and Injuries may be delineated as follows: A wound commonly pertains to a physical damage on the skin, while an injury can cover a wider scope of damage to the b...
Injury From Good Faith Act Of Medical Management Of A Licenced Medical Professional Is No Crime Statutory Exceptions And Exemptions In IPC (Now Bhartiya Nyaya Sanhita) The Honorable Supreme C...
Drowning:Drowning is the act of suffocating due to being submerged in water or other fluids. This can lead to breathing difficulties and a lack of oxygen, ultimately resulting in death. It happ...
Government-run healthcare facilities in India play a vital role in delivering primary healthcare services to a large portion of the population. These hospitals offer a diverse range of medical ...
Although doctors are highly respected in Indian culture, there has been a rise in the number of individuals who have questionable values and put their financial gain above ethical standards. So...
"No man's opinions are better than his information" -- Paul Getty "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge."-- Daniel J. Boorstin In ...
Evidentiary Value of Fingerprint Evidence:The use of fingerprint evidence in criminal investigations is highly valued because of its exceptional and distinct features. The patterns of ridges on a...
Introduction of the area of study COVID - 19 originated in Wuhan (China) and within a few months, became a global threat, declared a pandemic by WHO. It shook the whole world at a drastic level....
Sec2(6) "dishonestly" means doing of an act with the intention of causing wrongful gain to one person or wrongful loss to another person; An act of providing treatment to a patient by a qualifie...
"No woman can call herself free who does not own and control her body. No woman can call herself free until she can choose consciously whether she will or will not be a mother."- Margaret Sange...
Health is defined as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Mental health has been defined as, "a state of balance betwee...
Medical profession, health care, in Consumer Protection Act 2019 Definitions: In this Act, unless the context otherwise requires Sec 2(7) "consumer" means any person who: Buys...
Medical evidences in India are used by investigating agencies to prove the guilt of the accused. The medical and scientific evidences can play a major role in identifying the accused and provin...
Prefatory The origin of Yoga can be traced back to ancient India, with its roots extending approximately 5,000 years into the past. According to yogic tradition, the inaugural practitioner of ...
DNA reports are believed to be very reliable as they give vital information in forensic science, paternity testing, and medical diagnosis. These may include sample contamination, mistakes done ...
Injury or damage to the body's tissues is what defines a wound. This can occur due to several reasons like underlying medical conditions, trauma, or surgery. From minor cuts and abrasions to mo...
Introduction Numerous distinctions exist between suicidal hanging and ligature strangulation within the domain of Medical Jurisprudence. It is imperative to recognize that these variances in t...
It will be very difficult to distinguish between ante-mortem and post-mortem burns if the dead body is burnt to ashes. Signs of healing like inflammation and blister formation, which usually ca...
"This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so-called test has no scientific basis. It instead re-victimizes and re-...
Has the medical services not been specifically and consciously excluded from CPA 2019 by the parliament?The Consumer Protection Act was enacted by the parliament in 1986. Cases were filed under...
Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995 brought the medical services under CPA declaring medical services to be services under Sec. 2(1)(0) of the ACT. The med...
The field of law has been moulded by biology, influencing the formation of legislative norms and regulations, as well as leaving its mark on legal verdicts. Multiple facets of the legal system ...
The recent article of Hindu newspaper[1] headlined Forensic psychologists should play a key role in preventing crimes, was the statement given by the Vice-Chancellor P. V. G. D. Prasad Reddy, t...
Proposed retrospective Surrogacy Contract Traditional Surrogacy Contract Modified THIS AGREEMENT is made as of _________________, 20____, by and between _______________, the acknowledged (int...
A patient to be legally recognized as terminal should meet the following criteria: Should be suffering from a disease that has no curative treatment available The disease is irreversible ...
Meaning and introduction Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be p...
Over 19 million couples worldwide struggle with the heartbreaking reality of infertility, and in their quest to become parents, they frequently turn to cutting-edge reproductive technologies li...
Abortion laws and policies in India were governed by the Medical Termination of Pregnancy (MTP) Act, 1971, and subsequent amendments, laws and policies can change over time abortion laws and p...
In the case of death due to alleged medical negligence, it is essential to establish the cause of death as a direct consequence of the alleged deficiency. In the death certificate, as per the ...
You see only what you look for; you recognise only what you know" -- Dr. Merrill Sosman Actions are being initiated under the provisions of the Indian Penal Code, 1860 (IPC) despit...
In recent times, healthcare law has been witnessed as an emerging field of law. Cases with regard to healthcare are rising exponentially leading to severe impact on healthcare system. According...
A patient provided regular treatment by a qualified and licensed practitioner, by a team of medical personnel in a hospitalized situation, after due consent, should be excluded from the purview S...
"An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysha Taryam Judicial scrutiny of a medical treatment or management of...
Practice of medicine is too complex and vast to be amenable to easy non-professional regulation or judicial scrutiny. An extensively trained, qualified and licensed medical practitioner needs f...
Doctors play a pivotal role in society by providing vital healthcare support to the public. Still, they are confronted with various legal risks in their practice. The doctors and other medical ...
As the world is becoming increasingly complex, the intersection of psychology and law has become more important than ever before. The complexities of today's legal landscape require a deep unde...
Abstract The police officers investigating different cases face a number of problems due to delay in submission of reports from the forensic science laboratories. The inadequate number of fore...
Compensation cases on the ground of medical negligence: Legal provisions to prevent its misuse. Frivolous negligence cases interfere with the professional freedom of doctors. Judges rule on the...
Informed consent is considered as one of the most crucial element in medical practice. It is the duty of the medical practitioner to explain the pros, cons, procedure of the treatment to the pa...
In the 21st century, technological advancement and innovation have led the human race to achieve several important feats and reach levels of reliability that have never been seen before. Especi...
Insanity refers to "unsoundness of mind "or a state of mental ailment from which a human being suffers either temporarily or permanently. It is also known as some mental disorder from...
The topic of this research is "Mapping the facilities in hospitals in and across Pondha, Bidholi and Kandoli: An empirical analysis towards right to health care" the study aims to investigate the...
The phrase "medical negligence" describes any conduct or omission on the part of a medical practitioner or institution that causes the patient to experience harm. Since a person's life may be in da...
Crime in some form or the other has existed since the beginning of human race. As Science and technology developed, criminal and the concept of crime has undergone a tremendous change. Due to t...
I believe that everyone has the right to live a happy and healthy life, but what if this life becomes worthless? Do we have the right to die? In today's modern times, science has a solution for...
Organ donation is the process of giving an organ or a part of an organ to someone who needs a transplant. Organ donation is a life-saving and life-enhancing gift, but it is a complex process th...
The word 'Homeopathy' is derived from two Greek words, Homois meaning similar and Pathos meaning suffering. It was introduced in India in the 18th century. It takes a holistic approach towards ...
Medical professionals play an essential role in society by providing healthcare services to the public. However, medical professionals face numerous legal risks in their practice. The Indian le...
The introduction of new techniques in the criminal justice system has made the medical examination, if necessary, an integral component of the investigation. The idea of a medical examination h...
Forensic evidence plays a crucial role in the criminal justice system in India. It provides an objective and scientific basis for establishing the guilt or innocence of a suspect, which is esse...
Because of its profound effect on science and medicine, the discovery of DNA is considered one of the most important biological discoveries of the twentieth century. It has recently become a ve...
An agreement by a woman (Surrogate mother) to undergo pregnancy so as to produce a child which will be surrendered to others (Intended parents) who cannot have children is surrogacy. This re...
The dismal situation of the health infrastructure in India stands exposed owing to the ongoing pandemic situation, it crumbled under the pressure. Innumerable deaths in the pandemic due to the ...
Clinical trials are an important element of the medication development process all over the world. Clinical trials are a series of procedures that must be followed in order to certify a new med...
A person with less immunity becomes more vulnerable to diseases, similarly a person with mental disorder becomes more vulnerable and prone to violation of their rights. The violation of rights ...
Many contemplate medical cannibalism as cannibalism as a study of the alien past - a savage practice of long lost era. The fascination of these practices emerged literary heritage of that time....
The doctrine of the two-finger test is a practice that has been deemed very unnecessary in the medical field. It violates the rights of privacy, dignity, and the law, as well as the public's ri...
To determine the health of an individual, there are mainly five aspects of personal health taken into account: physical, mental, social, spiritual, and intellectual. Mental health is a vital pa...
Health is an integral part of our life and it is directly linked to survival. Survival of the fittest is a rule of nature. The quality of life depends upon the Health. So that every person has ...
Right to privacy is a basic human fundamental right that is recognised by various international treaties like Universal declaration of human rights (UDHR) in 1948 through its Article 12(4).[1] ...
Two types of medications, such as narcotic medications and non-narcotic drugs, can be helpful and prescribed for drug management and treatment. The former are easily accessible at chemists or d...
The emergence of medical science has led to numerous crucial breakthroughs and inventions and certainly one of them is organ transplantation. It is an approach of extracting an organ from the b...
HIV/AIDS is one of the biggest challenges faced by the world. Poor literacy level is one of the biggest reasons for the spread of the disease. The virus attacks the immune system and makes the ...
Abortion is the technical terminology used for Medical Termination of Pregnancy. By the legal point of view, Abortion is Termination of pregnancy in the form of causing death of the embryo or foe...
Right to health is a fundamental right in India[1] and has been constantly upheld by the supreme court through several landmark judgements[2]. Despite such strong prevalence and recognition of ...
"Please Die!" But do you have the right? The right to die is a concept that closely contradicts the concept of the Right to life under article 21 of the Indian Constitution based on the opinio...
People have contrasting views related to legality of Marijuana. So, what is this Marijuana, what the Indian Law say about this? Everything will be discussed here. Introduction Marijuana is ...
The term 'Narcotics' is defined as a drug or other substances that affects mood or behavior and relieves pain. It's usually given as an injection which leads to drowsiness, sedation etc. Physic...
Nano technology emerged in the world scenario in 1980. This has been used with huge success in many sectors such as agriculture, healthcare and fertilizer industry. Department of science and te...
Nearly 11 million people donate blood every year voluntary in India. Donating blood is considered to be the greatest service one can do in one's lifetime by saving someone's else life. The dona...
"Human rights are a guiding light to the realization of the right to health, and we have to explore all possible synergies between these two areas. It is time to act!" -Regina Maria Cordeiro Du...
Crime refers to a prohibited act which violates the provisions of law, is detrimental and deleterious for the society, and is punishable under various provisions of law. The term crime has been...
Registration of Medical Devices by Manufactures and Importers Timeline: Notification Name Date Chapter IIIA - Registration of certain medical devices 10 February 2020 ...
In a civil society, consuming drugs is not only immoral but also illegal. Many people consider drugs to be the destroyer of family and community. People who consume it in the name of escaping t...
Minimum Age if Criminal Responsibility or MACR is the age below which a person cannot be held criminally responsible. This is a form of defence known as excuse so that defendants falling within...
With the advancement of science and technology, there has been a noticeable shift in the way criminal investigations are conducted. Conventional methods of criminal investigation have made way ...
Universal applicability suggests that medical profession is one of the most noble professions known to mankind. When years on end you strive to master professionality gradually rendering you wi...
In recent times, efforts were made to fill in the lacunae created by advancements in health science. In the light of such exertions the Public Health (Prevention, Control and Management of Epid...
COVID-19 had a significant impact on citizens, trends, and the behaviour of government agencies. The purpose of this article is to provide an outline of the role of public administrators in res...
Due to the development in the criminal justice system, there has been an extraordinary diffusion in crime investigation techniques as far as the scientific infusion is concerned, as observed in...
Family planning is the concept that allows individuals and couples to have their desired number of kids and to decide the spacing they want between their children. This can be achieved through ...
Introduction of toxicology Poison: Substance having life threating effects is called poison. Poison, in biochemistry, a substance, natural or synthetic, that damages living tissues and has a ...
Doctors and Consumer Protection ActDoctors being the quintessential god in our society for decades have saved numerous lives and ensured a healthy lifestyle. In recent years value of doctors ha...
Overview Drug addiction, also called substance use disorder, is a disease that affects a person's brain and behavior and leads to an inability to control the use of a legal or illegal drug or ...
To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has come into force with e...
The outbreak of COVID-19 is a global pandemic and on March 14, 2020, the government of India declared COVID-19 as a notified disaster. Travel restrictions, event cancellations, and sick and sel...
Well, encapsulating the terminology, DNA (Deoxyribonucleic acid) which is indeed multi-faceted is a gargantuan task. Importantly, it assists in identifying, such as individuals and their blood ...
"Dying can be a peaceful event or a great agony when it is inappropriately sustained by life support." - Roger Bone. Each individual wants to lead his or her life to the fullest deg...
"For the world, I count it not an inn, but an hospital, and a place, not to live, but to die in".-- Thomas Browne Health justice is integral to any society. Our health care system is in privat...
"Every time a doctor is assaulted, another 100 doctors stop taking the risk they would usually take to save someone. Unfortunately your loved one will bear the price of it and you wouldn't...
We all must have heard of psychologists. But most people don't exactly know who they are and what their exact work is. And even if people know who psychologists are, they have no idea about for...
With the consistent and constant advancements in science and technology, there has been a noticeable shift in the way criminal investigations are conducted. The traditional methods of investigati...
"WE need a cost-effective, high-quality health care system, guaranteeing health care to all of our people as a right!" Healthy things are good for life and a healthy person makes a goo...
The sudden outbreak of Covid-19 in the world left everyone with speculation as to how to react to this situation. The outbreak of pandemic affected almost every individual in some way or anothe...
After the inclusion of Covid-19 in the world, suicide attempts and mental health problems have been rising at an alarming rate. The rate of suicide attempt cases increased drastically in a shor...
What is forensic psychology?Forensic psychology is the combination of psychology and law. It is the application of psychology in legal settings. Forensic psychology, as defined by the American...
On January 30, 2020, the coronavirus outbreak in India had brought the reality of our health care systems into the limelight. The majority of people lost their lives due to arched healthcare fa...
In our country, the use of illegal drugs among youths is on the rise. Our country's condition regarding the use of drugs and other psychotropic substances is critical, as over 90% of consumptio...
Our emotional, psychological and social well-being are all part of our mental health. It has an impact on the way we think, feel, act. It also influences how we deal with the stress, interact w...
"It is health that is real wealth and not pieces of gold or silver."~ Mahatma Gandhi Introduction Right to healthcare is not recognised expressly under the Constitution of India how...
Mental healthcare and issues regarding mental health are as important as physical health. Indian laws have recognized the importance of mental healthcare ever since 1987, but mental health has al...
With the cases of COVID-19 rising in India, the Government continues to rely upon the colonial era legislation, the Epidemic Diseases Act, 1897 to bring the situation under control. The Supreme C...
With Covid-19, we've made it to the life raft. Dry land is far away - Marc Lipsitch Coronavirus, Covid- 19, Pandemic, Biological disaster, many are the terms which only leads to disastrous end...
From 709% TO 70% - NPPA Caps the trade margin for oxygen concentrator, pulse oximeter, blood pressure monitoring machine, nebulizer, digital thermometer and glucometer with an aim to make these...
Background Debate on whether vaccination should be made compulsory through law is vexed and centres on the rights of the community versus those of the individual – in particular, their rig...
India has been struggling with gender inequality for a long time. In the Economic Forum's Global Gender Gap Index 2020, India ranks 112th[1]. This inequality infiltrates all aspects of human li...
The term narcotic within the legal sense is kind of different from that utilized within the medical context which denotes a sleep-inducing agent. Legally, a narcotic drug can be an opiate (a tr...
The Medical Termination of Pregnancy (Amendment) Act, 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women. The Amendment raises the up...
India or Bharat is a south-Asian country known for its oldest civilizations in the world with different cultures, heritage, traditions, and religions. In 330 BC, Alexander the Great acquainted pe...
Drugs play a very important role in the management of ailment and illness in human life and in this context medical practitioners are given the responsibility of prescribing the various drugs r...
Whether the relatives & friends of Patients admitted in Hospital/Hospitals with Covid-19 or Patients having contracted the disease whilst in Hospitals after getting admitted for some other ma...
Consider that statistically speaking that you are one of those people that you just shook hands with who will likely experience a mental illness at some point of time in your lifetime. Accordi...
The adage, Funerals are for the living, not the dead, you may be tempted to consider relinquishing control over what happens after your death to your descendants. After all, it is your loved ones...
Due to the COVID – 19 pandemic, governments across the world have had to take strict measures. The Indian government has also imposed a nationwide lockdown and like other governments it is using ...
The pharmaceutical fabricating industry is the one that is developing step by step due to the steadily expanding request in its administrations. That is a direct result of the developing number...
No woman can call herself free until she can choose consciously whether she will or will not be a mother. ― Margaret Sanger Introduction Termination of pregnancy i...
I have been witnessed the en number of people has lost their jobs, lost their business and suffered seriously under the poverty due to Corona Virus spread in various states including Tamilnadu, K...
Insanity is a defense and exemption that have been mentioned in chapter IV of the Criminal Procedure Code. But in reality claiming the defense of insanity is harder than it seems on paper due t...
Parmanand Katara vs. Union of India & Ors Citations: 1989 Air 2039, 1989 Scr (3) 997, 1989 Scc (4) 286, Jt 1989 (3)496 1989 Scale (2)380, Bench: Misra Rangnath, Date of judgment: on 28 Augu...
Polycystic ovary syndrome is a chronic endocrine disorder, metabolic syndrome and fertility, according to AIIMS, 25% of women in India suffer from PCOS and it is currently estimated to affect 30%...
According to the World Health Organization, dispensing refers to the practice of preparing and giving medicine to a person based on a prescription from a registered medical practitioner (RMP). Di...
World Health Organisation i.e. WHO, as the name suggests is an organisation that works in the health care sector and is an recognized authority all over the worldor it can be said it is an int...
For the past three decades, several nations have modernized their abortion legislation. After 1980, the global liberalization movement advanced. Currently, just 8 percent of the global population...
The most common question often asked by common people- What is Cannabis? The answer is quite simple, it is a plant of medical significance. Its properties are wide enough to explain its positiv...
Marijuana should be made legal in India because whether it is legal or not, people are going to do it anyway. Marijuana is not a hard drug, it is a soft drug and should not be included in the Nar...
The patient who is armed with information, who wants to ask questions, sometimes difficult and awkward questions, should be seen as an asset in the process of care and not an impediment to it.-...
Every society give strong response to criminal act and legal system which is controlled and run by several organs of the govt are responsible to curb the criminal environment so th...
Safety of patients from incompetent and negligent doctors and safety of doctors from undue harassment from unscrupulous litigants has been a perennial problem faced by the Medical Jurisprudence. ...
Nothing is an offense which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is ei...
The Indian Penal Code 1860 (hereinafter referred as The Code) has been in effect for over a century now, because of which there is need to re-consider some its provisions which might be conside...
In Parmanand Katara v. Union of India[1], the Honourable Supreme Court of India (hereinafter, the Apex Court) considered a serious problem existing at present i.e. In a medico-legal case, such ...
Next to creating a life, the finest thing a man can do is save one.- Abraham Lincoln It is an undeniable fact that medical profession is a noble profession as it deals with human life whi...
The COVID-19 Pandemic has forced the Indian Government to frame more stringent laws relating to disposal of Bio-medical waste. The Central Government under powers conferred by section 6, 8 and ...
Since contemporary times, India has witnessed many large outbreaks of infectious and dangerous diseases. The outbreak of epidemics like cholera in 1992, Plague in 1994,dengue fever, Nipah virus, ...
Reproductive health, is a crucial part of health sector in any country. And in India, it is a very important issue which needs to be discussed. As, unsafe abortion are major cause of maternal mor...
In early March 2020, as the COVID-19 set to mark its presence all around the globe. There arose a term called flattening the curve, though it wasn't new to the world as it had been used by public...
BEOS is a technique by which a suspect participation in a crime is detected by electing electro physiological impulses, it is also a tool which measures the changes in electrical activity of th...
Forensic Science with its multi-disciplinary approach is that essential link that helps glue together all kinds of evidence in any form of investigation. It involves the application of the prin...
Medical negligence has nowadays have become one of the serious issue in India. Our experience tells us that medical profession is one of the noblest professions. Patients usually see the doctors ...
The recent death of Bollywood actor Sushant Singh Rajput, who allegedly committed suicide on 14th June 2020, has left the country in shock and has once again started the discussion on the much su...
The term Work-life balance originated in the U.K. during the time of Industrial Revolution. It means balance between the work life and the family life. In the Women's Liberation Movement, women d...
Mental illness is the most traumatic illness a person can have. When an individual suffers from mental illness one tries to attempt suicide or suffers from mere depression. Depression is a common...
In recent years, there have been various mergers and acquisitions, specifically in the field of Pharmaceutical Sector. No other industry or field has witnessed such a wide variety of mergers and ...
When money is exchanged for pregnancy, some believe in newborn while others comes. close to organ selling, or even babyselling - Prof. Thomas Frank Infertility is a medical trim serves to be a hu...
When money is exchanged for pregnancy, some believe in newborn while others, come close to organ selling, or even baby-selling ...
Negligence is the breach of a duty caused by the omission to do something which a reasonable man, would do, or doing something which a prudent and reasonable man would not do. Actionable neglige...
With the changing lifestyle of the upcoming generation, especially teenagers, one frequently finds them laying hands on this drug called Cannabis which is prohibited. When one hears the echoing i...
Technology cannot prevent the onset of a pandemic but it can educate, warn and empower people. Dire circumstances like these call for optimum utilization of technology to mitigate the impact of t...
A Greek physician, Hippocrates once coined a phrase “Extreme times call for extreme measures.†This phrase tends to be so apt when perceived in situations such as this current one of ...
Coronavirus disease (hereinafter referred to as COVID-19) is the biggest cause of concern all around the world today. It originated in China in a seafood market of Wuhan (though the exact animal ...
Fingerprints have been the gold standard for personal identification in the forensic community for more than one hundred years. Fingerprints are commonly used tools to understand the individual...
Victory comes from prominent sacrifices Introduction Only because of Coronavirus, wheel of the economy stops, and 1.35 billion people are stuck at their homes and where ever they were before 24t...
The labour policy in India has time and again catered to the situational needs of the country and there has been a bunch of efforts, made by the respective governments, to balance the wheels of s...
The public health challenge confronting novel Covid-19 has triggered a massive and widespread humanitarian crisis in the country. It's been 125 days that Covid-19 first hit Wuhan and today no cou...
To maintain the transparency in evidence collection by the way to achieve just from unjust, scientific and forensic vigour helps the investigation since we developed our strategy and techniques o...
Here I will discuss certain reforms in the legal system to deal with emergencies like COVID-19. COVID-19 also draws our attention to the chances of biological war. Beginning with constitution th...
The Novel Coronavirus, Covid-19 is caused by the severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2). It has been declared a pandemic by the World Health Organization and is an unprecede...
People in the present world rely on doctors more than themselves. They just believe the words of a doctor without any question because of their honourable and noble profession. If any crime occur...
An adequate provision instilled in the airlines, i.e. Do Not Fly Registry that penalizes passengers who found misbehaving with the crew member. Therefore, by seeing the violence against doctors a...
The paper contains introduction to the informed consent and its basic format as a procedure, with feature and responsibility of the doctors and patient as well. Informed consent requirement and i...
The global outbreak of COVID – 19 has turned on to a disastrous turn of events, endangering the human race at large. Considering the above fact, WHO has declared it an epidemic and has urg...
Ration cards are an official document issued by state governments in India to households that are eligible to purchase subsidized food grain from the Public Distribution System (under the Nationa...
What's the meaning of epidemic?The word ‘Epidemic' has come from Greek word epidemios means epi(on) and demos (people), the word epidemic already existed in ancient Greek around 430 BC (5th...
Why Cases Against The Doctors And Medical Establishment Is Rising Day By Day: Medical field is one of the most important fields in any given country. They are responsible to save people’s ...
COVID-19 has been declared a public health emergency of International Concern by the World Health Organization on January 30, 2020. Subsequently on 11th March 2020, COVID-19 has been assessed to ...
The crisis that the world in general and our country is facing due to the rapid and seemingly uncontrollable spread of coronavirus is not only unprecedented in contemporary times but also extreme...
Historical background in enacting the Epidemic Diseases Act, 1897 and its application to FIGHT COVID19 PANDEMIC On March 24, 2020, Prime Minister of India Narendra Modi announced a nation-wide l...
Coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Re...
Health is the greatest gift, contentment the greatest wealth and faithfulness the best relationship. The pandemic has once again made us realised the importance of health. The coronavirus has gr...
The National Disaster Management Authority being satisfied that Covid-19 is a serious threat posed to the country today, has considered it important to take steps for protecting the health of the...
The spread of COVID-19 globally, or new coronaviruses, has led to a rare, perhaps unprecedented, death of close to 2300 globally. In India, after Janta Curfew, at least 650 people have been affec...
The outbreak of novel Coronavirus disease primarily in China (Wuhan and Hubei) and now considered a global health emergency – has brought forward the dire need for emergency preparedn...
In 1832, John Austin lectures were published under the title- The Province of Jurisprudence determined where it defied Law, properly so called, as a command of sovereign backed by the sanction...
The outbreak has been declared an epidemic in more than a dozen states and union territories, where provisions of the Epidemic Diseases Act, 1897 have been invoked, and educational institutions...
With Great Power, Comes Great Responsibility Although this expression is quite archaic, cliched and comical, much like the medical legislature, statues and Public Health Law of our country; it ...
After scrutinizing the alarming conditions in the world from the outbreak of the corona virus (COVID 19) the WHO few days back called this virus a pandemic. This came after the disease had swep...
It is rightly said by James A. Forbes that: A Good Samaritan is not simply one whose heart is touched in immediate care and charity, but one who provides a system of sustained care. Good Samarita...
Neuroscience is the study of the nervous system for understanding how the brain regulates the body and behavior of an individual giving rise to his/her consciousness. This has immensely contribut...
In Criminal Appeal No. 770 of 2009 titled Anjana Agnihotri , Vs. State of Haryana, directed against the Judgment dated 23.04.2008 of the Punjab & Haryana High Court, whereby, the High Court uphel...
It has been a growing awareness of the need for safe management of biomedical and healthcare waste all over the world. Biomedical waste and Healthcare wastes which pose the greatest risk to human...
After the death, some natural changes occurs in human body. To understand some common post mortem changes and the conditions that affect them to allow the forensic pathologist to estimate the pos...
Narco - AnalysisThe term Narco-Analysis is derived from the Greek word marks (meaning Anaesthesia or Torpor ) and is used to describe a diagnostic and psychotherapeutic technique that uses psy...
Ignorance of the law is no excuse. The rule is Applied everywhere. A doctor in particular should have the knowledge of law which belongs to the medical profession. In case of professional liabili...
The set-up of hospitals in India re mainly of two types: i.e. Government hospital and Private Hospitals. Furthermore, they could be general, specialty or multi-specialty hospitals. The rules and ...
Following the current judicial trends on account of usage of forensic tools, our country is improving while adjudicating on both civil and criminal matters. In pursuit of truth, Indian judiciary ...
Anaphylactic shock is as a fatal condition occurring rapidly after exposure to an antigen and producing clinical features of profound generalized shock, acute respiratory distress, asphyxia, se...
A protocol is a signed document containing a written record which can be used as proof for something when required. An Autopsy Protocol is a document containing a written record of autopsy find...
Radioactivity may be defined as the decomposition of an atom accompanied by the emission of Radiant energy such as alpha, beta and gamma rays. The gamma rays and the X-rays have akin properties. ...
In a routine autopsy the usual practice is to open a body with a chin to downwards. However, in a criminal abortion, it is necessary to follow a different order if evidence of air embolism- the...
It should be simple—somebody acts negligently and you are injured. You bring a lawsuit and you get money for your injuries. Unfortunately, however, the process of recovering monies f...
In June 2019.Acute Encephalitis Syndrome (Chamki Bukhar) has claimed the lives of 100 children in Bihar’s Muzaffarpur in the last fortnight. There are nearly 300 children admitted to the...
Forensics has become an important part of solving crimes and finding criminals. It not only helps in identifying the way and cause of death but many other circumstances related to the death. But ...
The country like India, being a developing country does not have a reasonable rescue mechanism in place when an accident takes place. In such cases bystanders play a major role in saving lives by...
Machine learning and artificial intelligence (AI) is making rapid strides in the healthcare sector in India. Global technology leaders such as Microsoft, Google and Siemens as well as dozens of...
Fertility Services Regulation Needs Re and New Thinking - A brief study on Assisted Reproductive Technology and its legal regulations in India “As the family goes, so goes the nation and ...
Forensic science is the employment of scientific discipline and technology in the field of civil and criminal laws. Essentially this field of science propounds various standards, regulations an...