slide 1: What is a Medico Legal case
A medico legal case is where a person is injured or harmed in any way and needs medical attention for
it. Injury cases which suggest some criminal offense. Burn injuries vehicular accidents includes railways
and other modes of transport suspected homicide/murder poisoning sexual assault and criminal
abortion are classified as medico legal cases.
Patient who is unconscious due to unknown reasons brought dead or die shortly after admission
without proper medical documents to indicate cause of death also come under its purview. Hospital
deaths where the patient dies suddenly due to administration of medication or a fall within the hospital
when he is in the ICU or during surgery can also be classified under medico legal cases. A medical
autopsy has to be ordered under all the above circumstances.
In all these cases it is the legal duty of the treating doctor to report it to the nearest police station
immediately after completing primary lifesaving medical care. This is in accordance with Section 39 of
Criminal Procedure Code of India. The idea is to initiate legal proceeding at the earliest is so that
maximum evidence can be collected by the police officer. Quick action by the police also helps to avoid
the destruction of evidence by the treating physician.
What does the law say
The law states that concerns like legal formalities monetary considerations or even the infrastructural
restraints of the institution should not prohibit the institution or hospital from providing basic and
emergency medical treatment. Here are a few things you should know:
A hospital cannot deny emergency medical care to an accident victim under Article 21.
It cannot deny treatment on the pretext of lack of facilities. They have to provide emergency
care and then transfer the patient safely via their ambulance to the nearest facility. This
includes government and private hospitals it also includes private clinics and nursing homes.
They cannot deny a patient emergent treatment on the basis that he/she is unable to pay the
required fees or that there is no close relative to sign for consent consent is overridden in an
emergency.
slide 2: In the case of a rape or criminal abortion the lady cannot be examined by a doctor without
written consent from the victim.
In both cases the doctor is bound by law to keep the patients information including her name
confidential.
In cases where a woman is being examined another woman must be present during the
examination. In the case of males a male has to be present at all times.
In the case of suicide causing death the doctor is obligated to report the matter to the police for
further investigation.
If the patient is alive and suicide is suspected the doctor is not obligated to report the matter to
the police.
Procedure for filing a medico legal case:
On visiting a hospital for a medico legal case once you or your loved one has received treatment your
doctor or hospital will inform the police about your case an acknowledgement of receipt is taken for
future reference. If the intimation is given orally or via the phone a docket number is provided which
can be used as proof of intimation and is documented in the patient’s records.
Once the patient is stabilized you will be directed to the medico legal desk. Here you will be asked to fill
out a form and sign it. Your signature is required to authenticate the information you have provided. At
this point your case sheet will be kept in the hospital and you will be visited by the police. They will take
down your statement and confirm if you want to file a case. The treating physician will fill out the
medical details in the form. Your doctor is responsible to give accurate information to the police which
will assist them in their investigation. After your case is filed you will get a receipt stating your file
number and case number. If required you will need to employ a lawyer to take the case forward. For Get
More Info.
Chandkheda Orthopedic Surgical Hospital
Opposite Sharda Petrol Pump Chandkheda Highway Gujarat Housing Board
Ahmedabad - 382424 Gujarat India.
079-23291922/27501301
+91 98250 87821
tarjani.kuntalgmail.com
http://www.traumaorthopedic.com/