In forensic science, the ability to identify human remains is crucial for solving crimes and providing closure. Among the bodily elements that can survive trauma and decomposition, teeth stand ...

The increasing trend of permitting private laboratories to process forensic evidence, such as DNA and fingerprints, marks a significant departure from the established practice of relying primar...

Medical Negligence Adjudication: The Tug-of-War Between Legal and Medical StandardsLegal Versus Medical Precedence in Medical Negligence Cases Judges wear legal professionalism and precedent a...

The post mortem report serves as a critical document in medico-legal investigations, with the primary goal of establishing the cause, manner, and time of death. While a thorough autopsy entails...

Legal systems in 'common law countries' and 'civil law countries': Common man's dilemma; 'Court of Justice' and 'Court of Law' compound the issue. A Tale of Two Systems: Common Law and Civil...

The Ambiguity of Legal Principles in Medical Negligence Cases: A Critical Analysis Navigating the Vagueness: Challenges in Applying Legal Constructs to Medical Negligence Legal principles u...

Gross Medical Negligence is Too Gross a Concept to Assign Criminal Liability Criminalizing Medical Mistakes: A Controversial Perspective   Q. What are adjectives, like gross, reckless, ...

The Case of a Precious Pregnancy: Medico-legal Dilemma Balancing Life and Law: The Challenges of a Precious Pregnancy Pregnancy is not a disease, but when it becomes one it is sudden and life t...

Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chaos: Liability for Medi...

Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chao...

There is no immunity for an offense, but for liability, there is substantial immunity for a physician. "Accountability vs. Immunity: The Physician's Paradox" "Accountable Yet Not Liab...

Forensic science is that branch of scientific investigation concerned with the basic rules and procedures for analyzing evidence in connection with crimes. These laid principles ensure systemat...

Q. Medical negligence is actionable when it results into a bodily harm – physical, physiological or functional – to the patient consequent to a treatment by a physician. Bodily hurt, injury, gr...

Mistakes in medical practice are real time live lessons for competence enhancement: crime if you do not learn from it.   There are no mistakes, save one: the failure to learn from a mistak...

Medical negligence cases represent a critical intersection of law, ethics, and healthcare. They have far-reaching consequences, impacting not only the lives of individual patients and their fam...

"The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes". In other words, ratio decidendi is legal rule derive...

The Indian Medical Association v. V.P. Shantha & Others (1995) case is a seminal judgment delivered by the Supreme Court of India that brought medical services within the purview of the Con...

Q. Medical negligence is – Ill-defined offence (Ratan Lal Dheeraj Lal) Adjudicated by ill-defined consumer forums (CPA 1986) Following an ill-defined procedure of summary trial (Jacob ...

Suicidal Cut:Suicidal or Self-inflicted cuts indicative of suicidal intent are typically located on easily reached body areas like the wrists, neck, or inner forearms. These wounds commonly app...

Q. Given that judicial officers lack specialized knowledge in the complex field of medicine, it is customary to rely on 'expert opinions' when adjudicating cases of medical negligence. However, nei...

The Supreme Court of India's decision in Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.(2020) 6 SCC 501, stands as a pivotal judgment addressing the intricate relation...

A medical professional practices bed-side medicine and not law. A judicial officer practices law and not medicine while adjudicating in a case of medical negligence. Transgressing their respect...

Doctors are among the noblest professions. To carry out this profession with all the care and responsibility, doctors are bound by the Hippocratic Oath. When a health service provider violates ...

While DNA analysis is widely considered a robust and reliable tool in forensic science, it's crucial to acknowledge that, like all scientific methodologies, it is susceptible to errors. These e...

Healthcare sector plays a pivotal role in overall development and well being of a society. It is indeed an important segment for determining a country's overall human development index and stan...

As the licensing authority, Medical Councils act as custodians of medical practitioners, ensuring they adhere to professional and ethical standards. However, their role should also encompass pr...

Ethics is knowing the difference between what you have a right to do and what is right to do. Potter Stewart. In law a man is guilty when he violates the rights of others. In ethics he is guil...

"An expert is a man who has made all the mistakes which can be made, in a narrow field" Niels Bohr "For every expert, there is an equal and opposite expert." Arthur C. Clarke Expert input, 'e...

Legal Principles vs. Legal Fictions in Medical Negligence "An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysh...

Article 21 of the Indian Constitution, a fundamental right, states that "no one shall be deprived of his life or personal liberty except according to the procedure established by law."...

Navigating Medico-Legal Consent: A Labyrinth of Challenges Q. Consent is an essential legal requirement before a physician does any intervention or provides treatment to a patient. Consent is no...

This project explores the fundamental aspects of patient consent, rights, and responsibilities within the healthcare system. It aims to provide a comprehensive understanding of the legal, ethic...

Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless law" is a term used to describe a law that, despite being enacted, fails to uphold the principles of j...

This paper investigates the essential role that forensic pathologist, commonly known as autopsy surgeon, plays in identifying the type of firearm involved in fatal shooting incidents. Although ...

"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so m...

The Mental Health Crisis Among the New Generation: Causes and Solutions In recent years, depression and anxiety have become prevalent issues among the younger generation. The World Health O...

The Indian Medical Council Act, originally enacted in 1956, stands as a foundational statute governing medical education and the regulation of medical professionals in India. This Act's overarc...

"Eventually, red markets have the nasty social side effect of moving flesh upward, never downward through social classes. Even without a criminal element, unrestricted free markets act like vam...

The credibility of forensic investigations and the legal system as a whole are seriously threatened by manipulation, negligence, and unethical behaviour during postmortem examinations. Breaking...

Q. A woman is treated for infertility by a doctor claiming to be a specialist in `reproductive medicine' and 'infertility'. The husband of the patient is diagnosed to be azoospermia (no sperms ...

The idea that our genetic material contains Junk DNA is fading. Many DNA segments that were previously believed to be worthless now have important functions, according to recent studies. These ...

Children on therapeutic ventilation in a fee-for-service hospital. Parents default in paying the mounting bill. An ethical dilemma. AI debate. Q. Cases Of Children On Ventilators In the Intensi...

In India, autopsies (also known as postmortem examinations) are a crucial part of the investigative process in cases of unnatural, suspicious, or criminal deaths, particularly in murder cases. ...

This paper addresses the very complex environment of abortion rights in India by tracing these interactions between legal structures, social factors, and healthcare systems in which women's rep...

Q. The doctor in–charge of admission to the Intensive Cardiac Care Unit (ICCU) has just learnt that a bed in the unit has fallen vacant. He has information of three cases waiting for admission. ...

Memory forensics is an advanced field of digital forensics that involves the analysis of volatile memory (RAM) to extract valuable evidence from computer systems. This discipline has gained sig...

Q. Medical profession, health care, in Consumer Protection Act 2019. There is nothing in this new Act to infer that health care services are included in the Act.The relevant provisions are disc...

The successful delivery of first IVF child, Kanupriya alias Durga, in Kolkata on October 3rd,1978 gave the Indian population hope for surrogacy as an alternative reproductive technique (ART).Th...

Introduction to the Eggshell Skull PrincipleThe Eggshell Skull Principle, also known as the Thin Skull Rule, is a critical doctrine in tort law asserting that a defendant is liable for the full e...

Medical fraternity in India is greatly agitated on the two woes inflicted on the profession. First, the inadvertent mischief caused by inclusion of Health Care as service in Consumer Protection...

"Every criminal act carries the weight of a human story, urging us to listen and learn.".... Vishal Banga Introduction Criminal psychology is an interdisciplinary field that combine...

In the digital era, social media has revolutionized communication, allowing rapid and global dissemination of information. However, this freedom has led to a rise in social media defamation, wh...

The complexities and challenges in evaluating medical negligence cases need attention of the judiciary. The intersection of law and medicine presents unique difficulties, particularly when lega...

Medical act of providing treatment by a licensed medical practitioner can never be a criminal act. To presume the same is inherently incongruous. Q. Medical negligence is adjudicated under: ...

This paper explores the evolution of clinical trial regulations, tracing their origins and key milestones from early practices to the establishment of comprehensive legal frameworks. It begins ...

Q. There is no legal definition of negligence and certainly none for Medical Negligence. Supreme Court in the lead case, Jacob Mathew, adopted the definition from Ratan Lal Dheeraj Lal's Indian...

Tamil Nadu Medical Council ...Petitioner Versus Dr. Easwaran Dnb Frcs and Indian Medical Council ...Respondents Facts Of The Case Dr. Easwaran Dnb Frcs, the 1st respondent is surgeon. His fat...

Demonizing doctors through ill-informed medical negligence CPA decisions should be effectively countered Q. Ill adjudicated medical negligence cases, by lay judiciary, under summary trial of C...

Worldwide, Ransomware has emerged as a serious danger to users of computers and mobile devices, with the healthcare industry being particularly vulnerable. Ransomware is a serious danger in Ind...

Forensic science plays a critical role in criminal investigations worldwide, with its application varying across jurisdictions due to differences in resources, legal standards, and cultural fac...

The regulation of medical devices is a crucial aspect of public health policy, ensuring that innovative healthcare solutions are safe and effective for patient use. In India, the landscape of m...

Good-faith, the basis of physician – patient relationship, its first casualty Doctors demonized Q. Once a duly qualified and licensed doctor gives out to the public that he is available t...

Disease is any disturbance in the structure or function of the body or any of its parts, an imbalance between the individual and their environment, or a lack of perfect health. The problem with...

The connection between medical law and medical ethics is revealing. It might be thought that the two would be closely linked. After all, courts would be unlikely to make an order that requires ...

Medical law encompasses elements from various branches of law, including criminal law, human rights law, tort law, contract law, property law, family law, and public law. One commentator has su...

Q. Can you review my book Perverse Medical Negligence Judgments?Response. I found some information about your book, Perverse Medical Negligence Judgments are the Bane of Modern Medicine by Dr. Sh...

The enforcement of narcotic drugs laws in India presents a formidable challenge due to the intricate legal framework, evolving judicial interpretations, and the complexities inherent in the det...

Q. For an ordinary person negligence is causing harm to a person or property of another by breach of duty not to cause harm. Medical negligence is causing harm by breach of his duty to care, th...

Forensic science stands at the intersection of science and the legal system, playing a crucial role in the pursuit of justice. As a law student, understanding the principles and applications of...

The recent National Consumer Disputes Redressal Commission's judgment on fetal sonography is a blatant example of judicial activism and retributive justice. The case: Udayan and ors. v/s M/S...

What Is Medical Negligence?Medical negligence refers to a breach of duty or care by a healthcare provider, resulting in harm or injury to the patient. It occurs when a healthcare professional f...

Q. Indian case law on good faith exemption from medical negligence?In India, the concept of "good faith" in medical negligence cases is often discussed in the context of whether a doctor can be h...

Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, ...

In the 21st century, the confluence of global health security and geopolitics has become an imperative consideration for nations around the world. The increasing frequency and impact of pandemi...

In the complex landscape where medicine and law converge, the field of medico-legal practice plays a pivotal role. Combining expertise from both disciplines, medico-legal professionals navigate...

Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of 'literal construction' in the overall 'context of scheme...

World Mental Health Day, observed annually on October 10, serves as a vital platform to raise awareness and combat the social stigma surrounding mental health worldwide. Established in 1992 by ...

Biomedical waste, also known as healthcare waste, originates from various healthcare facilities like hospitals, clinics, dental offices, laboratories, and veterinary clinics. This waste poses s...

Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions. Exceptions provide a licensed physician exemption from any liability Causing bodily harm/in...

The forensic science system struggles with a multitude of challenges, arising from limited resources, shortage of forensic laboratories and forensic experts, ever increasing number of registere...

Forensic specialties, including pathology, anthropology, and toxicology, provide crucial expertise in legal investigations. While these disciplines provide valuable insights, they face challeng...

When certain severe offenses, like attempted murder (307 IPC) resulting in injury or grievous harm with dangerous means or weapons are involved, or if the injury is caused by acid attack, the o...

One of the golden rules of the Indian Evidence Act is that the best evidence should be presented before the court of law to decide the matter being adjudicated. What evidence may be the best to...

An incised wound is a cut caused by a sharp-edged object, such as a knife or broken glass. It usually has clean, straight edges with minimal tissue damage, often resembling a surgical or intent...

Forensic odontology falls under the realm of forensic science, a specialized field that uncovers the identity of individuals through their dental records. The discipline delves into the scrutin...

The terms 'hurt,' 'wound,' and 'injury' are often used interchangeably to describe physical harm or damage to the body, but they have distinct meanings and usage. Describing pain in medical ter...

Honorable Supreme Court has explicitly recommended such tort reform. The legislature must act. Supreme Court: There is a need to protect doctors from frivolous or unjust prosecutions in the ...

Medical Insanity:Medical insanity is a term used to describe serious mental disorders that greatly hinder a person's ability to think, feel, or behave normally. These disorders, such as schizop...

The insanity defence, also known as legal insanity, is a highly debated and intricate component of criminal law. It requires an assessment of the defendant's mental state during the alleged off...

Performing post-mortem examinations can be emotionally draining for both the pathologist and the family of the deceased. Striking a balance between the scientific investigation and showing resp...

The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional regulation. A highly trained, qualified, and licensed medical practitioner requires the autonomy ...

A viscera report is compiled in order to establish the reason for death in cases where traditional autopsies are inconclusive. These examinations involve a thorough investigation of the viscera...

Recognizing the signs and symptoms of drowning and drowning death is crucial in providing prompt intervention, potentially saving a person's life and find out the cause of death. While the medi...

This paper reviews the Healthcare Sector of India. We will study the qualities of good healthcare system drawback of the industry, impact of industry on economy and other parameters to deᤙ...

The MTP Act underwent many important amendments recently considering societal attitudes and latest advancements in medical technology and need for greater access to safe legal abortion services...

Murder:The provision of 'Murder' under Section 300 of the Indian Penal Code encompasses the offence of culpable homicide, and states that culpable homicide is considered as murder if any of the...

Background in Brief That Complainant No.1 Renu Saini was a high risk case in view of her past history of previous 3 caesarean section, multiple D & E procedures, presence of invasive vesic...

Surrogacy has also been used unfairly. The main reason it has been abused is " commercial surrogacy," sometimes known as "renting a womb." When a surrogate mother receives compensation for her ...

Simple Injury:A simple injury refers to a minor physical harm that does not have serious or long-lasting consequences, often healing without extensive medical intervention. These types of injur...

The act of killing someone through the use of toxic substances is a despicable offense that has a lengthy and ominous past, spanning across different eras and societies. This means of murder in...