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Monthly Archives: May 2011

Consumer protection act 1986

Consumer protection act 1986 – This Act seeks to provide for better protection of the interests of consumers and for that purpose provides for the establishment of Consumer Councils and other authorities for the settlement of consumer’s disputes and for matters connected therewith. The Consumer protection act 1986 covers all private, corporate …

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Workmen compensation act 1923

Workmen compensation act 1923: This Act provides for the payment of compensation to workmen for injuries sustained by them by accident, arising out of and in the course of employment. If a workman is killed, his dependents will be entitled to compensation for his death. Under the Workmen compensation act …

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Human experimentation

DECLARATION OF HELSINKI: World Medical Association drew up a Code of Ethics on human experimentation in 1964 which was revised in 1975. (1) Basic Principles Bio-medical research involving human subjects must conform to the moral and scientific principles that justify medical research, which should be based on scientifically established facts …

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Malingering

Malingering or shamming means conscious, planned feigning or pretending a disease for the sake of gain. Diseases may be feigned for several reasons, such as by soldiers or policemen to avoid their duties, by prisoners to avoid hard work, by businessmen to avoid business contracts, by workmen to claim compensation, …

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Consent in medical practice

Consent in medical practice means voluntary agreement, compliance or permission. Consent signifies acceptance by a person of the consequences of an act that is being carried out. To be legally valid, it must be given after understanding what it is given for, and of risks involved. Reasons for obtaining consent …

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Medical records

The objects of medical records are: (1) To serve as the basis for the patient’s care and for continuity in the evaluation of his treatment. (2) To serve as documentation for reimbursement. (3) To provide data for use in education and clinical research. (4) To document communication between the doctor …

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Vicarious liability in Medical field

Vicarious liability (liability for act of another) An employer is responsible not only for his own negligence but also for the negligence of his employees, if such acts occur in the course of the employment and within its scope, by the principle of respondent superior (let the master answer). Three …

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Therapeutic misadventure

Therapeutic misadventure: A misadventure is mischance or accident or disaster. Misadventure is of three types: (1) Therapeutic (when treatment is being given). (2) Diagnostic (where diagnosis only is the objective at the time). (3) Experimental (where the patient has agreed to serve as a subject in an experimental study). Therapeutic …

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Corporate negligence

Corporate negligence The theory of corporate liability is typically applied in cases involving hospitals and their staff physicians. Hospitals have independent duty to their patients to investigate adequacy and review the competence of staff physicians. This theory is based on the principle that hospitals are in a far better position …

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Causes of negligence by the patients

Causes of negligence by the patients: They are: (I) PHYSICIAN RELATED: Breakdown in physician-patient relationship; or utter disregard for the life and safety of the patient (poor and ineffective communication with the patient and his relatives). Rude behaviour of the physician. Less frequent house calls. Complex invasive procedures for diagnosis …

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