The relationship between doctor and patient has undergone drastic changes in recent years and medico-legal aspects are becoming a routine, unlike earlier years. The best way to handle medico‑legal issues is by adhering to the prescribed laws and provisions; this article provides the measures all doctors and hospitals can execute to prevent any legal issues.

Though medical profession is regarded as a noble profession, in modern times, Indian doctors are at crossroads facing ethical and legal challenges in the practice of the profession.It is in the best interest of doctors to familiarise themselves with the basics of legal aspects of the medical profession. and that they comply with the applicable ethical and legal regulations in their daily practice.

Generally, no medical care practitioners are automatically responsible for a wrong diagnosis or an unsuccessful operation, as far as they follow widely accepted medical practices. The liability of doctors is decided based on thorough examination of the mistakes and compared with the ideology of skilled doctors. They are subjected to pay the compensation only if the personal damage is a direct result of their fault. However, failure of a doctor and hospital to fulfill their obligations is essentially a tortious liability and the active lawsuit can be a great stress to the doctors.

Furthermore, the best way to handle medico‑legal issues is by adhering to the prescribed laws and provisions. This article provides the following measures all doctors and hospitals can execute to prevent any legal issues.

Indian Penal Code for Medical Practitioners

IPC codes that are applicable to doctors and hospitals are:

• Sec 29: Tampering of documents
• Sec 176: Failing to inform police in essential circumstances
• Sec 269-271: Spreading of infectious disease and knowingly disobeying the quarantine rule
• Sec 304-A: The act of negligence causing patient death
• Sec 312-314: Causing sex selection, miscarriage, abortion and hiding such facts
• Sec 315-316: The act of preventing the child from being born alive or to cause it to die after birth
• Sec 319-322: Causing grievous hurt, loss of vision, loss of hearing or disfigurement
• Sec 336-338: Causing hurt by rash or negligent act
• Sec 340-342: The offense of wrongful confinement

Evasion of legal restrictions

The physicians should observe all the laws of the country in adapting the practice of medicine and shall also not assist others to evade such laws. However, the following state acts should also be practiced.

• Drugs and Cosmetics Act, 1940: To make sure good medicines reach the doctors and their patients.
• Pharmacy Act, 1948: To regulate the practice of pharmacy.
• Narcotic Drugs and Psychotropic-substance (NDPS) Act, 1985: To prevent illegal trafficking of NDPS except for medicinal and scientific use.
• Pregnancy Act, 1971: To deal with the legal termination of certain pregnancies.
• Transplantation of Human Organ Act, 1994: To deal with organ donation and transplantation.
• Pre-natal Sex Determination Test Act, 1994: To stop female foeticides and arrest for deteriorating sex ratio.

Ethical parameters and code of conduct

 Some ethics to minimize any legal issues include the following;

• Maintenance of patient medical records: All the physicians should maintain medical records of the indoor patients for a period of 3 years and if required should be issued to the patients within 72 hrs. Maintaining a computerized data helps in quick retrieval.
• Display of registration numbers: Every prescription of physicians should display the registration number issued to them by the state medical council or by the medical council of India.
• Use of Generic names of drugs: Physicians should always use the generic names in the prescriptions.
• Utmost Quality Assurance in patient care: The provision of minimal information about procedures, neglecting the sickest and time-consuming patients, the failure to provide necessary information, and the scheduling of insufficient time for patient visits should be avoided.
• Exposure of Unethical Conduct: Bribery and corrupt practices should be avoided as it may potentially erode the trust and reputation of doctors, hospitals, and other medical practitioners.
• Payment of Professional Services: The financial interest and fees for the services and operation should be discussed before rendering the services. No gain, no payment, ideology should not be followed by the doctors.

Common medical errors to avoid

• Defensive medicine: Prescribing any defensive medicine and medicinal malpractice should be avoided.
• Failure to diagnose: The entire diagnostic care team should be involved in diagnosing patients, ensuring to avoid mistakes in diagnoses and obtain more accurate and expedient results.
• Failure to identify a complication: All the complication and risk pertaining to the treatment should be mentioned on the consent form of medical procedure.
• Inadequate follow-up: In some cases, when the patients do not follow the tests as received by the ordering physician, the staff and the physician should follow-up with the patient and keep the track of the status.
• Patient time: Patients should be treated with warmth, respect, dignity, and empathy.
• Prescribing errors: Physicians should be aware of all the over the counter drugs and additional drugs patient is taking to avoid any drug- drug interaction or drug-food interactions.
• Asset protection and indemnity: An asset protection plan, in addition to professional medical liability insurance, should be developed by a physician.