In a country where 130,000 deaths occur annually due to road traffic accidents and 53%

women suffer from domestic violence leading to grave injuries, it is important that hospitals
and the law work hand in hand to help the injured. ur legal system has grown in leaps and
!ounds from 1"#" when people would lose their lives waiting for treatment. $his year saw the
formation of the %right to life& act, which was formed after the monumental ruling
in Parmanand Katara v. Union of India '(upreme )ourt, 1"#"*. $he case was filed !y the
family of a scooterist who was severely injured in a road accident. +e was refused admission
when taken to the nearest hospital, !ecause the hospital claimed that it was not e,uipped well
enough to handle a medico legal cases. $he scooterist succum!ed to his injuries !efore he
could !e taken to the nearest hospital that was authori-ed to handle medico.legal cases,
which was situated /0 kilometers away. +ere is a look at what has changed over the years,
and what to e0pect to when you register a medico legal case.
What is a medico legal case?
1 medico legal case is where a person is injured or harmed in any way and needs medical
attention for it. Injury cases which suggest some criminal offense. Burn injuries, vehicular
accidents (includes railways and other modes of transport), suspected
homicide/murder, poisoning, sexual assault and criminal abortion are classified as
medico legal cases. 2atient who is unconscious due to unknown reasons, brought dead or
die shortly after admission without proper medical documents to indicate cause of death
also come under its purview. ospital deaths where the patient dies suddenly due to
administration of medication or a fall within the hospital, when he is in the I)3 or during
surgery can also !e classified under medico legal cases. 1 medical autopsy has to !e ordered
under all the a!ove circumstances.
In all these cases, it is the legal duty of the treating doctor to report it to the nearest
police stationimmediately after completing primary lifesaving medical care. $his is in
accordance with (ection 3" of )riminal 2rocedure )ode of India. $he idea is to initiate legal
proceeding at the earliest is so that ma0imum evidence can !e collected !y the police officer.
4uick action !y the police also helps to avoid the destruction of evidence !y the treating
physician.
5ead6 +ow to !e prepared for a medical emergency
7atch6 +ow you can help during a medical emergency
What does the law say?
$he law states that concerns like legal formalities, monetary considerations or even the
infrastructural restraints of the institution should not prohi!it the institution or hospital from
providing !asic and emergency medical treatment. +ere are a few things you should know 6
1 hospital cannot deny emergency medical care to an accident victim under 1rticle
/1.
It cannot deny treatment on the prete0t of lack of facilities. $hey have to provide
emergency care and then transfer the patient safely 'via their am!ulance* to the nearest
facility. $his includes government and private hospitals8 it also includes private clinics and
nursing homes.
$hey cannot deny a patient emergent treatment on the !asis that he9she is una!le to
pay the re,uired fees or that there is no close relative to sign for consent 'consent is
overridden in an emergency*
In the case of a rape or criminal a!ortion the lady cannot !e e0amined !y a doctor
without written consent from the victim.
In !oth cases the doctor is !ound !y law to keep the patients information including
her nameconfidential.
In cases where a woman is !eing e0amined another woman must !e present during
the e0amination. In the case of males a male has to !e present at all times.
In the case of suicide causing death the doctor is o!ligated to report the matter to
the police for further investigation.
If the patient is alive and suicide is suspected the doctor is not o!ligated to report the
matter to the police.
5ead6 $reating accident victims could !ecome compulsory for hospitals
!rocedure for filing a medico legal case"
n visiting a hospital for a medico legal case, once you or your loved one has received
treatment, your doctor or hospital will inform the police a!out your case, an acknowledgement
of receipt is taken for future reference. If the intimation is given orally or via the phone, a
docket num!er is provided which can !e used as proof of intimation and is documented in the
patient&s records.
nce the patient is sta!ilised you will !e directed to the medico legal desk. +ere you will !e
asked to fill out a form and sign it . :our signature is re,uired to authenticate the information
you have provided. 1t this point your case sheet will !e kept in the hospital and you will !e
visited !y the police. $hey will take down your statement, and confirm if you want to file a
case. $he treating physician will fill out the medical details in the form. :our doctor is
responsi!le to give accurate information to the police which will assist them in their
investigation. 1fter your case is filed you will get a receipt stating your file num!er and case
num!er. If re,uired you will need to employ a lawyer to take the case forward.
#eference" $edico legal aid to hospital and doctorts