Medico Legal Flaws

Forensic archaeology is the application of archaeological theory and methods to solve forensic problems. This may include methods of searching, locating, surveying, sampling, recording and interpreting evidence, and retrieving and documenting human remains and related evidence. Forensic anthropologists and archaeologists are therefore often called upon to assist investigators and law enforcement agencies in developing recovery strategies, mapping rescue scenes, dating evidence, reconstructing events, and assessing the applicability of remote sensing techniques. The proper implementation of forensic archaeology techniques provides a scientific basis for interpreting the context in which the remains and associated evidence are found. Almost half of Meghalaya`s licensed doctors have sufficient knowledge. However, years of experience and designation are irrelevant to general practitioners` knowledge of managing medico-legal issues. 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 related to their designation and 84 respondents reported on their 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. 11. Jadoon OK, Shireen F, Seema N, et al. Types of medical-legal cases reported in the emergency department of Ayub Teaching Hospital Abbottabad. J Ayub Med Coll Abbottabad. 2020;32(1):51-53. 14. Zaki MK, Bayoumi KA, Rawas MI, et al.

Measuring emergency medical awareness for the management of medic-legal cases in Jeddah, Saudi Arabia. Saudi J Forensic Med Sci. 2018;1(3):61–67. doi:10.4103/sjfms.sjfms_13_18 Members are encouraged to familiarize themselves with CMPA resources dealing with the College`s grievance process and consider discussing the College`s legal or complaints process with a CMPA physician advisor. Understanding these processes can counteract some misconceptions and reduce the stress associated with them. Bruguera M, Delgado S, Viger M, Benet J, Bruguera R, Arimany J. Forensic analysis of legal claims in bariatric surgery. Cir Esp. 2012;90(4):254–9. This chapter begins with a discussion of the role of the psychiatric counsellor in assisting with medico-legal matters.

It is appropriate to conclude with a few words of warning about the temptations that exist for those who take on this task. Advisors are often tempted to meet their advisors` needs by telling them what they want to hear. Nowhere is this truer than when it comes to assessing a patient`s ability to accept or refuse treatment. Added to this is the physician`s own inclination, as a physician, to seek an outcome that is in the patient`s best clinical interest. Such temptations should be strongly opposed when conducting competency assessments and other consultations on medico-legal issues. The counsellor`s job is to be objective and focus on the problem at hand, rather than what the counsellor or person consulted considers to be the best overall clinical outcome. Such isolation of purpose is often difficult, but it is essential if the counsellor is to serve the consultant and the patient. The consultant should also keep in mind that he or she is just that: a consultant whose job is to advise, not decide. The treating physician may choose to ignore the counsellor`s assessment that a patient is unable to make treatment decisions and continue treatment. The attending physician assumes legal and moral responsibility for his or her own actions.

The consultant can only serve as a guide and only by being both competent and objective. This task is facilitated by the following consultation approach to these highly explosive medico-legal issues: MLCs are often encountered by physicians 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, a continuous monitoring report is being prepared at the request of the authorities. [3] The Supreme Court has cautioned police against arresting or harassing doctors unless the facts clearly meet the parameters set out in Jacob Mathew`s 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.

Medico-legal issues are dealt with by all licensed physicians in their daily practice, but if they are not familiar with the rules of handling such cases and the laws that underpin them, they are often criticized and desperate in court when deciding cases.