Medical Doctors work hard all through a life of struggle to qualify and cherish a position enabling them fit for service in health sector and acquire expertise to learn the art of healing. In terms of innate mental abilities, they come with higher grades than average to enter the profession. They acquire a new identity with a prefix of doctor to their name and the society expects the best from them often forgetting that they are like other humans and not infallible. The book is written by a medical doctor for doctors but in no way antagonizing the legal profession and with a special inclusiveness and understanding for the need to bring doctors under a strict vigil of the prevailing laws. Nevertheless not only a special place of consideration must be given for genuine mistakes but also because of the sensitive nature of their work, they must not be under a commercial scrutiny. The clear message to medical fraternity that stands out as the spine in the storyline of this monograph is to adopt three rule modus operandi in all their transactions with patients attention to detail, self-discipline avoiding adventurism and thirdly unhindered practice of asking advice or opinion for help with the problem at hand from anyone connected with the profession as soon as even an iota of doubt arises in their mind. Law firms offer advertise their services extensively to get compensation for people who have suffered injuries from whichever source they make a direct tempting offer of `no win no fees` basis or charge a percentage of the compensation received. This practice has multiplied enormously a litigious culture in society. In India doctors face an onslaught of emotional public wrath when medical mishaps take place and the total establishment presumes guilt on their part. It is important that once the case for negligence goes to the court a robust defense is lodged for fairness in justice. There are usually three identified protagonists, the patient, the public and media and their own establishment who invariably make doctors a scapegoat. All medical professionals need education about existing laws and what could be done to prevent liability and measures taken to mitigate the nature of the offences. There are multiple trials and tribulations in the interface between doctor and patients. Good doctoring makes this pathway smooth and palatable.
Law of Estoppel and Res-judicata
Manual of the Civil Procedure Code
Author : MLJ