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| Medical Related Laws - General |
| Few Definitions |
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The Doctrine of good health
Act done for the benefit of a person with due competence, care and caution
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Deficiency in medical service
Failure to follow due norms
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Free and informed consent
Consent without coercion or inducement and after full information to the patient
Negligence its essential ingredients
Act done without due care and caution
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Medical Related Laws - General
Relevant provisions in the Indian penal code (sections: 52,80,88,89,90,92,93,269) are detailed below.
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Good faith
IPC -52
Nothing is said to be done or believed in "good faith"
Which is done or believed without due care and attention
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IPC - 80
Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a law ful manner by lawful means and with proper care and caution.
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Negligence
Negligence is an omission to do something, which a reasonable man, guided upon by those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do in the given circumstances.
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Act not intended to cause death, done by consent in good faith for person's benefit
IPC - 88
Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express ro implied, to suffer that harm, or to take the risk of that harm.
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Act done in good faith for benefit of child or insane person by or, by consent of, guardian
IPC - 89
Nothing which is done in good faith for the benefit of a person under twelve year of age, or of unsound mind, by or by consent, either express or implied of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or intended by the doer to cause or be known by the doer to be likely to cause to that person: provided
First - That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;
Secondly - That this exception shall not extend to the doing of anything which the person doing I knows to be likely to cause death, for any purpose other than the poreventing death or grievous hurt, or the curing of any grievous disease or infirmity;
Thirdly - That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting tot cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity.
Fourthly - that this exception shall not extend to the abatement of any offence, to the committing of which offence it would not extend.
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Consent known to be given under fear or misconception
IPC - 90
A consent is not such a consent as is intended by any section of this code. If the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or
If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
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Act done in good faith for benefit of a person without consent
IPC - 92
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit : Provided
Provisions - are the same as those under section 89
Explanation - Mere pecuniary benefit is not benefit within the meaning of sections 88, 89, and 92.
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Communication made in good faith
IPC - 93
No communication made in good faith is an offence by reason of any harm to the person to whom it ti made, if it is made for the benefit of that person.
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Negligent act likely to spread infection of disease dangerous to life
IPC - 268
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or both.
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