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Indian Journal of Legal Medicine

Volume  4, Issue 1-2,  January – December 2023, Pages 39-48
 

Review Article

Recent Updates in Legal Medicine

Shri Gopal Kabra1, Vivekanshu Verma2

1. Medicolegal Consultant, Department of Law, Santokba Durlabhji Memorial Hospital, Jaipur 302015, Rajasthan, 2 .Associate Consultant & Fellow, Department of Emergency & Trauma Care, Medanta-The Medicity, Gurugram 122001, Haryana, India.
 

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Abstract

Addressing medical negligence involves adjudicating it according to provisions for exceptions and exemptions. These provisions grant licensed physicians’ immunity from liability. Medical negligence, while a serious offense, requires adjudication with
consideration of exceptions. These provisions acknowledge the expertise of licensed physicians, offering exemption from liability in certain cases. It’s a balance between accountability and recognizing the complexities of medical practice.Indian medical
professionals, healthcare providers, legal counselors, advocates, police offcers, and honorable judges play vital roles in ensuring justice and fair practices in medical malpractice cases. Staying updated with recent updates in criminal law, notably,
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA), is imperative for effective prevention, investigation, and management of legal hurdles in such cases. These professionals must acquaint themselves with the nuances of these laws to navigate complexities and uphold ethical standards in
healthcare. By continuously updating their knowledge, they can foster a system where accountability, transparency, and justice prevail, ultimately safeguarding the rights and well-being of patients and healthcare providers alike.
 


Keywords : Negligence; Malpractice; Offence; Medical Practice; Consumer Court; Bharatiya Nyaya Sanhita (BNS); Bharatiya Nagarik Suraksha Sanhita (BNSS); Bharatiya Sakshya Adhiniyam (BSA); Crime; Lawsuits.
Corresponding Author : Shri Gopal Kabra