Professional Documents
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Examinations of Living Person For Medico
Examinations of Living Person For Medico
Examinations of Living Person For Medico
A PROJECT REPORT
Submitted to the
University of Rajasthan
Jaipur
Supervisor
ACKNOWLEDGEMENT
Ajit Yadav.
B.A.,LLB.
(hons.)
V Semester
Roll No. 07
Five Year Law College
University of Rajasthan,
Jaipur
CONTENTS
2. Acknowledgement ii
3. Introduction 1
8. Drunkenness Certficate 7
9. Conclusion 8
A medical practitioner may have to examine a living person for various reasons other than
connected with the diagnosis and treatment of illness or disease. Often the examination of a
living person has to be carried out for medico-legal purposes. Examination may have to be done
for the benefit of the examinee or to his disadvantage, such as the examination of the accused
person. Regardless the examination should only be performed with the consent of the person to
be examined, since an enforced examination will be an assault. Only in exceptional
circumstances such as the examination of prisoners or in the armed services, can examination be
carried out without consent.
There are various reasons for the medico-legal examination on a living person. The
following are some such grounds :
1. The victims of assault, sexual offence, accidents require medical examination and a
report upon their conditions to commence legal processes.
3. Medical examination is called for obtaining life insurance since the insurance company
needs an evaluation of the insurance risk of the applicant.
4. Examination of suspected malingerers and persons who claim that they could not come
for work since they suffer from some disability.
Examination of a living person :
The following guidelines must be kept in mind when the examination of any case is being
undertaken and especially when the report is being prepared.
Consent
History :
History as narrated by the patient himself or the accompanying any person with name and
address should be recorded. When the patient narrates himself, the question of soundness
does not arise. For instance, it should be recorded, alleged to have been assaulted by
known persons as narrated by the injured person. The medical practitioner should inquire
about the conditions leading to the illness, injury or other disability. Probing question
should be placed to rule out any false history. In the case of criminally accused persons,
the questions should be confined by to the events that caused the injuries. It is for the
police and prosecutors to decide about the admissibility of this history as evidence, but
the medical practitioner is expected to write down in his report anything which he thinks
is relevant; the question of admissibility of evidence is a matter for the legal authorities.
In sexual offences , the history is most important.
Clinical Examination :
Time and place of examination and two identification marks on the exposed parts of the
body should be recorded. If no identification marks could be made out, left thumb
impression coated with black ink should be taken on the accident register. In all cases, it
should be stated whether the patient is conscious and oriented. The medical practitioner
should record the abrasions, bruises, lacerations, healing injuries, old scars, fracture
deformities congenital defects. The size of the injuries should be measured in
centimeters. When there is no photograph, these detailed descriptions, aided by sketch,
are of great value at a later date when the case is being dealt by a court many months or
even years after the event.
In the case of forcible sexual intercourse, gait of victims whether painful or not should be
recorded.
The necessity of physical examination is decided on the basis of merits of each case. It
depends upon the type of injury, illness or disability range from mere palpation of some
fracture-deformity to more complicated diagnostic techniques.
Prognosis :
Life Insurance :
While examining a person for obtaining life insurance, there is often a set pro forma
issued by life insurance companies which requests for height, weight, blood pressure,
pulse rate and urine analysis.
Workmen’s Compensation :
Registered medical practitioners are intimately associated with the determination of the
extent of physical disability entitling the disabled or his dependants to various amounts in
compensation depending upon the degree of disability, partial or total, as a result of
occupational injury or disease. The Workmen’s Compensation Act provides for medical
examination of the concerned workmen to determine the loss of physical capacity and if
the employer offers to him examined free of charge by qualified medical practitioner, the
workmen is obliged by law to submit to medical examination.
Industrial Insurance :
A registered medical practitioner is associated with the various benefits that industrial
insurance scheme provide such as sickness benefit, disablement benefit, dependent’s
benefit medical benefit and maternity benefit. Unlike commercial insurance scheme
where insurance is optional and the entire cost of insurance scheme is met by the
beneficiary, the scheme if industrial insurance is compulsory and cost is met on tripartite
basis, ie, by employers by the employees and the state.
Under the Industrial Insurance Law, insurance medical officers are appointed and no
medical certificate issued by a person other than an insurance medical officer is
acceptable and no other except an insurance medical officer is competent to medically
examine an insured person. The medical certificate is in prescribed form and there are
separate forms prescribed for first examination, intermediate examination and final
examination. The insurance medical officer should fill in such form as may be necessary
with utmost care and accuracy and without favour.
Factories Act :
11. Anthrax.
12. Silicosis.
13. Poisoning by halogens and halogen derivatives of the hydrocarbons or the aliphatric
series.
(b) X-rays.
In many countries, the practice of medical examination of such drunken drivers has
been abandoned in favour of blood or breath level of alcohol.\, mainly due to the
difficulties of assessing the ability of a person to drive under the influence of alcohol
and due to disputes between different medical examiners as to his ability.
2. To exclude injuries, especially head injuries which may mimic or aggravate the
effects of alcohol.
Consent in Drunkenness :
Drunkenness Certificate :
The examination of the drunkenness need not be entered in the accident register unless
there are injuries on the body of the person.
2. The Person has consumed alcohol but not under its influence.
When there is persistent smell of alcohol in the breath, congestion of
eyes, normal pupil or dilated pupil with normal reaction to light,
absence of muscular in co-ordination.
1. en.wikibooks.org/wiki.
2. lawandotherthings.blogspot.com.
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4. www.indiankanoon.com.
5. www.indianlawbooks.com.