Health Law

Unit 1 — Introduction

The relation between law and medicine · Forensic medicine · the significance of forensic medicine and forensic evidence · Hippocrat’s oath · Medical ethics, Indian Medical Council Act, 1956, and contemporary relevance · National Medical Commission Act, 2019, Bio-ethics

• Control of Medical Profession — Functions of the Commission/Councils under the following Acts
• The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation 2002
• Introduction and branches of forensic science

Unit 2 — Constitutional Aspect of Health

Correlation with Fundamental Rights and Directive Principles of the State Policy and importance of Constitutional provisions which address the right to health, viz, Articles 14, 15, 21, 24, 38, 39, 41, 42, 48A, 51A etc

• health in the Indian Constitution

Unit 3 — WHO

Its Objective, Role of WHO in Public Health and Health Legislation · International Covenants relating to Health

• WHO, Global Health law Consortium Communicable Diseases, and the International Health Regulations
• International Health Regulations (IHR)

Unit 4 — Regulatory Framework

Legal control of drugs and cosmetics · Drugs and Cosmetics Act and Rules –Product liability for defective medicine · contractual liability, tortuous liability, liabilities under the English and Indian Consumer Protection Acts, English Medicines Act. Medical insanity · Types, medical and legal insanity, the watershed of medical and legal insanity · McNaughten’s case · Legal protection of mentally ill persons with special reference to Mental Health Act

Unit 5 — Medico-Legal Concepts

Medico-legal concept of death, asphyxia death, legal consequences of death, injuries under medicine (abrasion, bruise (contused wound), laceration, incised wound, and stab wound), and their medico-legal significance · Post mortem report · inquest · Aids and medico-legal issues

• Introduction and branches of forensic science
• Forensic evidence and types of forensic evidences

Unit 6 — Professional Liability of Doctors

The requirement of consent for medical treatment · competency to give consent · liability for non- consensual treatment, exceptions · Contractual liability of doctors for medical negligence · Tortuous liability of doctors for medical negligence · Concept of medical negligence, standard of care, Bolan principle, circumstances amounting to medical negligence · Doctrine of informed consent, liability forlack of informed consent, exceptions · Liability for breach of medical confidentiality and disclosure of genetic information · Liability of doctors for criminal negligence

• Medico legal Implications of Consent, Different types of consent, Informed Refusal and Therapeutic Privilege
• Negligence in Medical Practice, Contributory Negligence and Different Remedies
• Consumer Protection Act, 2019 and Medical Profession

Unit 7 — Medical Technology and Law

Assisted reproduction, artificial insemination, Reproductive cloning, surrogacy Transplantation of organs, Transplantation of Human Organs Act, 1994, cadaver donor, live donor, xenotransplantation · Legal control of pre- natal diagnostic techniques Abortion, right to abortion, legal status of foetus · Medical Termination of Pregnancy Act, 1971 · Regulation of miscarriage under the Bharatiya Nyaya Sanhita

• Transplantation of Human Organs Act, 1994
• Pre Conception and Pre Natal Diagnostic Techniques Act, 1994