Medico-Legal

Medical Records of "INDOOR PATIENTS" is to be maintained for 3 years. No such obligation is in seen incase of  OPD Patients record. Adv. ROHiT ERANDE.  © Every Doctor / hospital will agree that maintaining of record of patients is a herculean task. The number of patients examined in OPD (Outdoor Patient Department) are much more than the IPD (Indoor Patient Department) One may like it or not, but there is no excuse. Most of the cases of Medical Negligence are either won or lost by doctors on the basis of documentation.  Always remember " NO RECORD  IS NO PROOF, POOR RECORD IS POOR PROOF " In one of the case before the NCDRC, the moot question was whether a Patient who was admitted in an emergency ward and later on discharged after initial treatment can be regarded as the OPD patient or IPD Patient ? As the deceased patient after meeting with an accident came to the Hospital and after CT Scan, X-ray etc. were done and his left hand was plastered,  he was dis...

 #Surrogacy Center Govt. permits using of  #donor #gametes... Adv. ROHiT Erande. © Central Government in its recent amendment made to Surrogacy (Regulation) Rules, 2022 vide a notification dated 21/02/2024, has notified that the couples (husband or wife) certified as suffering from medical conditions, both gametes need not come from the intending couple. This is a very crucial development and will benefit many intending parents. The new rule reads as under : (i) couple undergoing surrogacy must have both gamete from the intending couple. However, in case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have atleast one gamete from the intending couple; (ii) single woman (widow or divorcee) undergoing surrogacy must use self eggs and donor sp...

  The journey of Advanced Directive or the Living Will or End of Life Care  -  from no  base to good, now better and hoping for the best legal base ! ADV. ROHIT ERANDE  © Introduction :  Art.21 of the Indian constitution gives an individual the Right to Life and personal liberty –which are regarded as the Natural rights, even in absence of any Constitution. The words “right to life” has been interpreted by the Higher Judiciary to include various aspects of human life. E.g. right to live with dignity, right to environment, right of Free Trial, right to lead meaningful life and so on. This right of life whether includes right to die ? was the moot question before hon’ble supreme court and let’s see the history thereof in nutshell. Whether Right to life includes Right to die? a. The issue can be traced back to the landmark judgment in the case of P. Rathinam V/s. Union of India ((1994) 3 SCC 394), wherein the Division Bench of the Hon’ble Supreme Court hel...