Health and Law

University of Burdwan · LL.B. Semester 6 · LOC 3.6.5 (A)

Unit I

Foundational understanding of the legal system surrounding the practice of medicine Ethical issues in Medical practice- an international perspective Constitutional protection to Health Care in India Civil and Criminal law pertaining to medical practice in India (including Consumer Protection Act, 2019)

Unit II

Identifying various stakeholders · Different Stakeholders in the Health Care Sector · Government’s role in providing Primary, Secondary and Tertiary Health Care in India Private Health Care System and Challenges Role of Hospitals and other medical staff in providing this service—understanding vicarious liability of the hospitals

Unit III

Challenges · Identifying duties of patients and their relatives in ensuring their health care Protection of Doctors against physical assault- cases and legal position (medical insurance for doctor’s service)

Unit IV

Hospital Management and Prevention of Legal Issues · Concept of Medical Negligence and evolution in the legal regime in holding and absolving doctors of legal liabilities. · Medical documentation (e-documents and other forms of digital documents) and the importance of drafting in securing consent from patient and their relatives. · Rights and duties of doctors, patients and hospital—exploring the importance of confidentiality and communication skills

Unit V

Emerging Issues in Law and Medicine · Mental Health Care (Mental Healthcare Act, 2017) · Abortion, Assisted Reproduction, Surrogacy and allied issues · Clinical Trials · Therapeutic and Non therapeutic cosmetic surgery · Medical Insurance