Medical Law &

Ethics

Dr. Chandresh Tailor

Asst. Prof.
FMT, GMC,Surat
 Introduction
Ethics is a science of moral values or principles.
Medical Ethics is moral principles which should guide the
members of medical profession in their dealing with the
patients, their relatives, community, and with colleagues in
profession.
The principle objective of medical profession is to render
service to humanity with full respect for dignity of human
beings.
Every doctor whatever his or her specialty, has to discharge
medicolegal responsibilities and to solve medicolegal
problems from the 1st day of his or her practice.
Everything a doctor does in a practice of medicine is
governed by legal system.
 Why study of ethics is essential?
Ignorance about medical law & ethics by young medicos
leads to consequence of negligent behavior, failure to
discharge compulsory duties towards the patient & state,
amounting to infamous conduct or negligent charges.
Members of general public are increasingly aware of
their rights due from a doctor, questioning the legality of
issues.
Doctors should also know who are the authorities
proposing these rules and what penalties one is likely to
be punished with in the event of breach of them.
 Medical Ethics
The word ethics= Greek term “ethikos” = rules of conduct that
govern natural disposition in human beings.
Deals with moral principles which should guide member of the
medical profession in their dealing with each other, their patients
and the state.
The word Moral= Latin term “mores” concerning with Goodness
or Badness of a human character or behavior.
Moral = sexual or social behavior and Ethics= professional
behavior.
The contemporary construction of BIOETHICS was first well
formulated in United States in 1970 by statement of 4 principles:

contd…
 1. Non-malfeasance {duty to Endeavour to do no harm}
2. Beneficence { duty to do good, be caring, etc.}
3. Respect to autonomy { duty to respect the human dignity,
freedom and free choice of the individual and more
importantly, to facilitate in every reasonably possible manner
to the making of such a free choice } and
4. Natural and distributive justice {ensuring equal share in the
distribution of health care ( Equality) and priority to be given
to those who are in need, in proportion to their need}

Medical Etiquette
Deals with conventional law of courtesy observed between
members of the medical profession. A doctor should behave with
his colleagues as he would have them behave with himself.
 Origin of Medical Ethics
Firstly it is describe by CHARAKA’s Oath in 7th century
BC then
Arthashastra of KAUTILYA in 3rd -5th century BC
SUSHRUTA which composed SUSHRUTA SAMHITA
(200-300 AD)
MEDICAL COUNCIL Of INDIA ( founded in 1933)
formulates the modern code of medical law and ethics in
India
 The Indian Medical Council
The act of 1933 was repealed and the act of 1956 was passed.
The medical council consist of following member.
1. One member from each state nominated by central govt. in
consult with state govt. concerned.
2. One member from each university elected from among
member of medical faculty of university, by member of the
senate or the member of court of university.
3. One member of each state in which state medical register
maintained.
4. Seven member elected from among themselves by person
enrolled on any of the State Medical Registers.
5. Eight members nominated by central govt.
Members of IMC
Hold office for 5 yrs. A president and vice-president are elected
from among these members.
Council also appoint a Registrar who act as secretary & may
also act as treasurer, who look after day to day work.
Executive committee consist of president, vice president and 7
to 10 members.
The 1st schedule of act contained recognized medical
qualification granted by universities in India.
The 2nd schedule those granted outside India.
Part 1 of 3rd schedule contained those granted by medical
institutions not included in 1st schedule.
Part 2 of 3rd schedule those granted outside india but not
included in 2nd schedule.
Functions of Indian Medical Council
1. Medical Register
Maintained medical practitioners register known as Indian medical Register.
Contained name of all person enrolled in State Medical Reg.
If name of person removed from State Medical Reg. then it also removed from
Indian Medical Register.

2. Medical Education
It prescribe standard of postgraduate medical education for guidance of the
universities.
Advice univ. to maintained uniform standard for PG medical Education
throughout India.
A PG Committee consist of 9 members.
Prior approval of IMC necessary before starting PG course.
If mandatory regulation is not followed, the qualification will not
be recognized by IMC.
The council appoints Medical Inspector to attend at any or all
examination held by univ. Institution in India for purpose of
recommend to central govt, recognition of medical
Qualification.
The inspector has no power to interfere with examination.
The inspector report to the council on the adequacy of standard
of medical education including Staff, Equipment,
Accommodation, Training, Other facilities prescribed for giving
Med. Education.
The council forward copy of report to medical institute/ univ.
The copy with remark of univ. sent to the central govt.
If council is not satisfied with standard, it can make a
representation to the central govt. to withdraw recognition of
medical qualification of any univ.
After considering , central govt. may send it to the concerned
state govt. for submitting an explanation.
3. Recognition of Foreign Medical Qualification
If Indian national obtains a foreign qualification which is not
included in part 2 of 3rd schedule, he can apply to the Central Govt.
The candidate has to provide full information regarding course of
study, syllabus, duration of the course, etc. This is forwarded to IMC
which has authority to enter into negotiation with any of the Medical
Council of the Foreign Authority and can recognize such foreign
qualification on reciprocal basis.
The central govt may by notification in Official Gazette, amend
the part 2 of 3rd schedule so as to include such qualification therein.
4. Appeal Against Disciplinary Action
If the name of any person is removed from the State Medical
Register, he may appeal to the Central Govt, after exhausting all
remedies in State Medical Council Act.
5. Recommend Central Govt for amendment, change or introduction
of new rules & regulation for teaching, modalities in teaching,
training, examinations, and services in teaching & training insti.
5. Warning Notice
The council may prescribe Standard of professional
conduct and etiquette and code of ethics for medical
practitioners.
It can issue Warning Notice containing certain practices
which are regarded as falling within the meaning term,
“ Serious Professional Misconduct.”
 State Medical Council
Medical teachers from different universities of the State
elected by the teachers of the different medical institution.
Consist of members elected by the registered medical
practitioners .
Some members nominated by the State Governments.
 Functions of State Medical Council
1. Medical Register
It appoints a Registrar, keeps Register of medical practitioners.
Any person having any recognized medical qualification can
get his or her name entered.
The name, residence, qualification and the date on which each
qualification was granted of every person who is registered
under this act are entered in the Register on payment of
prescribed fees.
After passing the qualifying examination it is necessary to
undergo a period of training, before qualification was granted
to him.
First provisional registration is given so they can practice
medicine in approved institution for the required period.
2. Disciplinary Control
They have power to remove the names of medical
practitioner permanently or for a specific period due to
Serious Professional Misconduct.
Also authorized for restoration of name so removed.
3. Warning Notice
Also issue warning notice similar to IMC
Disciplinary function of SMC
Erasure of Name
The name of doctor is removed from the Medical Register:
1. After the death of the registered practitioner.
2. Entry which are made in error or as a result of fraud.
3. Penal Erasure.
Due to Serious Professional Misconduct the name of doctor is
removed from Medical Register for temporary or permanent
period.
when name of doctor is removed from Medical Register
permanently then it is known as “The Professional Death
Sentence”. It deprives the practitioner of all the privilege of a
registered practitioner.
Serious Professional Misconduct ( Infamous Conduct)
Any conduct of a doctor which might reasonably be regarded as
disgraceful or dishonorable. It involves an abuse of professional
position.
Warning Notice
 Warning Notice
If any one is found guilty of any of the following offences mentioned
in the warning notice issued by Medical Council of India, his name
can be removed from the Medical Register.
1. Adultery
2. Improper conduct with the patient or with member of pt. family.
3. Conviction by court of law for offence involving moral turpitude.
4. Issuing a false certificate in connection with sick benefit,
insurance, passport, attendance in court, public service, etc.
5. Withholding information of notifiable disease to health authority.
6. Performing or enabling unqualified person to perform abortion.
7. Prescribing steroids/psychotropic drugs when no indication.
8. Not displaying the registration no. given to him in clinic,
prescription and certificate etc. issued by him.
9. Dichotomy or fee splitting.( receiving or giving commission)
10. Using of touts or agents for procuring patients. Contd…
11. Disclosing secrets of the patient.
12. Covering, i.e. assisting someone who has no medical qualification to
attend, treat or perform an operation on some person.
13. Write prescription in private formulae of which only he or a
pharmacy has a key.
14. Advertising
15. Running an open shop for sale of medicines, for dispensing
prescription of other doctors.
16. Drunk and disorderly so interfere with proper skilled practice.
17. Having involvement in physical or mental torture to other person
18. Doing sex determination test.
19. Failure to obtain consent of both husband and wife in an operation
which may result in sterility.
20. Failure to obtain consent of the female pt.,her husband and donor
in act of in vitro fertilization.
21. Violation of ICMR guidelines.
 Professional Misconduct -- ADVERTISING
Doctor’s name plate,
signboard(large) with consultancy
rates, lab test rate, medicine rates Notification in Lay Press
displayed in heart of city area
 Professional Misconduct
Canvassing: Use of touts or Supplying or selling drugs of
agents for procuring patients Addiction
 Professional Misconduct
Seducing a female Patient Attending patient while on
Alcohol
 Professional Misconduct
Issuing a False Certificate Dichotomy
 Professional Misconduct
Talking
Disparaginingly
of
a
Colleague
 Hippocratic Oath
The modernised version of the Hippocratic oath
are the Declaration of Geneva, as adopted by the
3rd General Assembly of World Medical Association
at Geneva, Switzerland, in September,1948,
(amended in 1983), and the International Code of
Medical Ethics, as adopted by the General Assembly
of the World Medical Association held in London ,
in October, 1948.
 The Declaration of Geneva
At the time of Registration, each applicant shall be given a
copy of the following declaration by the Registrar concerned
an d the applicant shall read and agree to abide by the same.

1. I solemnly pledge myself to consecrate my life to the

service of Humanity.
2. I will maintain the utmost respect for human life from
the time of conception. Even under threat, I will not use
my medical knowledge contrary to the law of humanity.
3. I will not permit consideration of religion, nationality,
race, party politics or social standing to intervene
between my duty and my patient.
4. I will practice my profession with conscience and
dignity.
5. The health of my patient will be my first consideration.
6. I will respect the secrets which are confided in me.
7. I will give to my teachers the respect and gratitude
which is their due.
8. I will maintain by all the means in my power, the honour
and noble traditions of the medical profession.
9. I will treat my colleagues with all respect and dignity.
10. I shall abide by the Code of Medical ethics as enumerated
in the Indian Medical Council Regulation, 2002.
I make these promises solemnly, freely and upon my
honour.
Thank you