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Reflections On Medical Law and Ethics in India
Reflections On Medical Law and Ethics in India
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This book is a concise guide which provides Last but not the least the chapter on future
important information regarding scientific knowledge perspectives of salivary gland neoplasms has been
of salivary gland neoplasms and illustrates recent compiled in a concise manner.
advances in their management. Authored by world
Overall this book will be a valuable asset for the
renowned experts in the area of -oto, -rhino and
resident, as a quick reference guide as well as to the
-laryngology, it covers the entire spectrum of salivary
practicing head and neck surgeon, for whom it will
gland neoplasms, highlighting the essential points
help deliver a patient centered care as well as a guide
which will be beneficial to the operating surgeon and
for evidence-based treatment.
the pathologist.
Abhay T. Kamath
Chapter 1 starts with a comprehensive classification
Department of Oral and Maxillofacial Surgery,
of salivary gland neoplasms, which will be of immense
Manipal College of Dental Sciences,
value to both residents as well as clinicians. Chapter
Manipal 576 104, Karnataka, India
2 discusses the pathology, signs and symptoms of the
abhay.kamath@manipal.edu
neoplasms while diagnostic/prognostic biomarkers,
carcinogenesis in these tumours, targeted and
chemotherapy, etc. are detailed in the next chapter. DOI: 10.4103/0971-5916.233225
Chapter 4 on imaging studies has been compiled Quick Response Code:
Table II titled, “Ambit of health issues covered emergencies, etc. without there being any provision for
by judiciary-judicial decisions” in chapter one is compensation for the services rendered. As a matter of
comprehensive and useful. It covers 20 judgments fact, the Clinical Establishments Act, 2010, as well as
(16 from the Supreme Court) regarding various health the various State Clinical Establishments Acts, have
issues. However, even though medical negligence is not been covered at all.
a major health issue now-a-days, only one of these
judgments (Dr. Kunal Saha case, 2014) is concerned Pages 44-58 of the book are devoted to violence
with medical negligence. It would have been appropriate against hospitals. Surprisingly, there is no mention of
to include the following health and medicine related the State laws in this regard which are operative in
judgment in this table: about 20 States, such as the “Delhi Medicare Service
Personnel and Medicare Service Institutions (Prevention
“Dr. Mukhtiar Chand & Ors. Vs. State of of Violence And Damage To Property) Act, 2008”.
Punjab & Ors., (1998 (7) SCC 579”. This is a key
judgment that holds that Vaids and Hakims cannot The language and expressions used in the book
dispense allopathic medicines. The issue in this are good. However, a few mistakes have creeped in,
case concerned certain provisions of the Drugs and for example, i) it is written on page 53, “The said
Cosmetics Act. This judgment has not found a place consent form may clearly state that the patients and
anywhere in the book. their relatives would not yield to violence…….”.
Legal aspects of certain basic problems regarding It should be, “Would not resort to violence”; ii) on
health care in India have not been covered well, for page 78, “parenteral fluid” is referred to as “parental
example, Quackery and the legal ways to counter it, fluid”; iii) it is written on page 175, “Section 87 of the
health budget and forced labour from doctors. Indian Penal code……..is an offence”, while it ought
to be, “is not an offence”.
In case of health budget it is not discussed whether
there can be a legal means to enhance the extremely On the whole, the book is exhaustive, well written,
poor health budget in India, which, in terms of health informative, up-to-date and lucid in its presentation
budget as a percentage of the GDP, is almost at the and will be a welcome addition to law libraries. It
bottom when compared internationally. would also provide useful reading to doctors.
Regarding Forced labour from doctors, certain M.C. Gupta [Retd.]
provisions of the Clinical Establishments Act, 2010, Advocate & Medico-Legal Consultant,
as well as certain Supreme Court judgments, cast Malviya Nagar, New Delhi 110 017, India
an obligation upon doctors to treat the patients in mcgupta44@gmail.com