Medical ethics provide moral and legal guidelines for medical practitioners. The four main principles are autonomy, beneficence, non-maleficence, and justice. In India, the Medical Council Act regulates medical ethics and misconduct. Some key aspects include maintaining patient confidentiality and records, obtaining informed consent, avoiding harm, and treating all patients fairly. Violations of medical ethics can result in disciplinary action or legal penalties.
Medical ethics provide moral and legal guidelines for medical practitioners. The four main principles are autonomy, beneficence, non-maleficence, and justice. In India, the Medical Council Act regulates medical ethics and misconduct. Some key aspects include maintaining patient confidentiality and records, obtaining informed consent, avoiding harm, and treating all patients fairly. Violations of medical ethics can result in disciplinary action or legal penalties.
Medical ethics provide moral and legal guidelines for medical practitioners. The four main principles are autonomy, beneficence, non-maleficence, and justice. In India, the Medical Council Act regulates medical ethics and misconduct. Some key aspects include maintaining patient confidentiality and records, obtaining informed consent, avoiding harm, and treating all patients fairly. Violations of medical ethics can result in disciplinary action or legal penalties.
Medical ethics provide moral and legal guidelines for medical practitioners. The four main principles are autonomy, beneficence, non-maleficence, and justice. In India, the Medical Council Act regulates medical ethics and misconduct. Some key aspects include maintaining patient confidentiality and records, obtaining informed consent, avoiding harm, and treating all patients fairly. Violations of medical ethics can result in disciplinary action or legal penalties.
• A broad interpretation could mean the moral and not legal obligations that a medical practitioner is supposed to abide by. However, there are a lot of times when some of the standards known as medical ethics have legal effect as well. • It is undisputed that everyone has certain prima facie moral obligations to others that may conflict with the law. • However Medical professionals, however, have special moral obligations by virtue of their profession. These obligations are tied to their roles as doctors, therapists, nurses, and others. • These special obligations have been expressed through codes of professional ethics and obligations inherent in the doctor-patient relationship. • Medical law is made up of bits from a large number of different branches of law: Criminal Law, Human Rights Law, Tort Law, Contract Law, Family Law, etc
Approaches adopted
• Principle Approach- The four principles are – Respect for autonomy, Non-maleficence, Beneficence and Justice.
Autonomy
• Respect patients as individuals (e.g., respecting their privacy by maintaining confidentiality and being truthful about their medical care). • Provide the information and opportunity for patients to make their own decisions regarding their care. • An informed consent is required to be taken. However, if the patient is not in a condition to consent, then his family members can do so on his behalf. And if it is an emergency case, then the doctor can go ahead with what he thinks is right according to his experience and knowledge. • Honor and respect patients’ decisions regarding their choice to accept or decline care. • In addition to having the right to refuse a diagnostic or therapeutic intervention, patients also has the right to refuse to receive information.
Beneficence
Act in the best interest of the patient and advocate for the patient. Misrepresentation of the facts or misleading the patient by giving false information or prescription is considered highly unethical.
Non maleficence
Avoid causing injury or suffering to patients. The healthcare professional should not harm the patient. All treatment involves some harm, even if minimal, but the harm should not be disproportionate to the benefits of treatment.
Justice
Treat patients fairly and equitably. Distributing benefits, risks and costs fairly; the notion that patients in similar positions should be treated in a similar manner.
Position of medical laws and ethics in India
• The Medical Council Act, 1956 looks over the wrongdoings of medical practitioners in India. In 1933, the Indian Legislative Assembly passed the Indian Medical Council Act, 1933. • This Act was highly criticised resulting in repealing of the entire Act. A new Act called the Indian Medical Council Act, 1956 was formed and passed which is the current law of the land. A.S. Mittal and Another v. State of U.P. and others,
The court in this case opined that there is a possibilities of criminal conviction by a criminal code for offence including moral turpitude as it was very closely observed by SC that medical profession is one of the most established calling of the world and is most noble of all.
➢ General Medical Council (acting at State level) is the apex body to manage the misconduct of the medical practitioners. Some additional powers to expel and suspend medical practitioners (if required) have been given to the State Medical Council. ➢ They are also empowered to enlist the medical practitioners who have faced disciplinary actions.
Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (amended upto 8th October, 2016) indicates the duties and responsibilities of the registered medical practitioners.
1. These regulations enforce certain standards which medical practitioners are required to follow. 2. If they fail to do so, legal action can be taken against them and they can be penalized as well. 3. Physician shall uphold the dignity and honor of his/her profession. 4. The prime object of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration. A physician should be instructed in the art of healing. 5. No person other than doctor having qualification recognized by the Medical Council of India/State Medical Council is allowed to practice modern system of medicine or surgery.
Maintaining Good Medical Practice
1. The principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man. Physicians should improve knowledge and skills and should make these available to patients and colleagues.
2. Membership in medical society – physician should affiliate with associations and societies and involve in the active functioning of these bodies.
3. A physician should participate in professional as part of continuing medical education programs for minimum period in 5 years organized by reputed professional academic bodies
Maintenance of Medical Records
1. Every physician should maintain medical records of his/her patients for 3 years from the date of commencement of the treatment in a standard pro forma. 2. If any request is made for medical records either by patients/authorized attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within 72 h. 3. A registered medical practitioner shall maintain a register of medical certificates giving full details of certificates issued. 4. Efforts shall be made to computerize medical records for quick retrieval.
Display of Registration Numbers
1. Every physician shall display the registration number accorded to him/her by the State Medical Council/Medical Council of India in his/her clinic and all his/her prescriptions, certificates, money receipts given to his/her patients. 2. Every physician should prescribe drugs with generic names and should ensure that there are rational prescription and use of drugs. Exposure of Unethical Conduct
A physician should expose without fear or favor, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession.
Medicolegal Cases
Attending doctor can decide further investigations required by the law enforcing agencies in accordance with the prevailing law of the land, but the treating doctor decides the admissibility of the case
Payment of Professional Services
The personal financial interests of a physician should not conflict with the medical interests of the patients. A physician should announce his/her fees before rendering his/her service and not after the treatment is underway.
Evasion of Legal Restrictions
The physician shall observe the laws of the country in regulating the practice of medicine. He should cooperate with observance and enforcement of sanitary laws and regulations in the interest of public health
Compulsory duties
1. Notification of births and deaths
2. Notification of notifiable diseases to the appropriate authorities 3. Reporting of cases of poisoning 4. Reporting of suspected causes of death 5. Reporting of cases covered under the privileged communication 6. Responding to call for emergency, military services.
Unethical Acts
1. Advertising: A physician alone or in conjunction with others cannot make advertisements. A medical practitioner can make a formal announcement in press regarding starting of practice, change of type of practice, changing address, temporary absence from duties, and resumption of practice 2. Printing of self-photograph in letterhead or sign board 3. Running an open medical shop 4. Rebates and commission 5. Practice of euthanasia
Misconduct
The following acts of commission or omission on the part of a physician constitute professional misconduct rendering them liable for disciplinary action
• Not maintaining medical records for 3 years, Not displaying registration number in clinic and prescriptions, Sex determination tests, Contravening drugs and cosmetics act, Contribute to lay press articles which advertise themselves • Using unusually large sign board, Disclosing secrets of patients learned by profession unless medically or legally needed, Publishing photographs or reports without permission • Claiming as a specialist when you do not have a special qualification
Dr kunal saha vs Dr Sukumar Mukherjee
➢ In this case a complaint was filed against hospital namely 3 doctors the petitioner has alledege of medical negligence on the part of the doctor resulting in the death of the patient ➢ The SC found the petitioners wife was suffering from drug allergies and doctors were negligent in prescribing the medicine thus it was held that doctor involved are guilty and victim were award compensated of around 7 crore for the loss of wife
