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...receiving treatment inter alia by virtue of Sections 81, 87 and 88 IPC and where consent for such treatment has been freely given. Secondly, in the context of a doctor-patient relationship, even...brick, we intend to proceed in the following order:(1) The doctor-patient relationship.(2) Duty of care which...is criminally liable under Section 338 IPC, in the present case?(1) The doctor-patient relationship35. Since ancient times, certain...
...of your profession. Those may be disclosed only in a court of law under orders of the Presiding Judge.”12. It is true that in the doctor-patient relationship, the most...of privacy may, apart from contract, also arise out of a particular specific relationship which may be commercial, matrimonial, or even political. As already discussed above, doctor-patient relationship, though...important aspect is the doctor's duty of maintaining secrecy. A doctor cannot disclose to a person any information regarding his patient which he has gathered in the course of treatment nor can the...
...?Re: Questions (i) and (ii)18. Consent in the context of a doctor-patient relationship, means the grant of permission by the patient...doctrine as quite impractical in application for three principal reasons. First, it gives insufficient weight to the realities of the doctor-patient relationship. A very wide variety of factors must enter...nurture the doctor-patient relationship on the basis of trust, the extent and nature of information required to be given by doctors should continue to be governed by the Bolam test rather than the...
...accident or misfortune leading to death cannot be ruled out. A patient willingly takes such a risk. This is part of doctor-patient relationship and mutual trust between them.15...almost firmly established that where a patient dies due to the negligent medical treatment of the doctor, the doctor can be made liable in civil law for paying compensation and damages in tort and at...:“Thus a doctor cannot be held criminally responsible for patient's death unless his negligence or incompetence showed such disregard for life and safety of his patient as to amount to a crime ...
...capacity. The Commission agrees that a doctor patient relationship is a classic case of fiduciary relationship and information about treatment cannot be disclosed under Section 8(1) (e...Appeal Received on : 27/11/2009 S.No Information Sought PIO's Reply
2. Treatment given by doctor/team of doctors/ Nurses during pregnancy to delivery in aforesaid Hospital to patient...name Vandita Sharma. Appellant requested for their name with present posting, if any. She was admitted in active labour. Doctor on duty who conducted her delivery was senior resident doctor on duty...
...Dr. S. M. KANTIKAR, MEMBER The doctor/patient relationship is at a crossroads. Some patients want the doctor calling all the shots, deciding the best treatment path to follow. Patients...miss the trust and warmth found in the personal bond with a caring, competent physician. Boundaries in the doctor-patient relationship is an important concept to help health professionals navigate the...necessarily due to negligence. 12. In this case, there appears to be a strained relationship between the Doctor-Patient. The deceased and OP doctor were classmates and close friends...
...?”These two questions were answered in the following terms:“18. Consent in the context of a doctor-patient relationship, means the grant of permissi...for an act to be carried out by the doctor, such as a diagnostic, surgical or therapeutic procedure. Consent can be implied in some circumstances from the action of the patient. For example, when a...procedure until the patient regains consciousness and takes a decision, a doctor cannot perform such procedure without the consent of the patient.”45. It is clear...
...medical context is the result of the failure of somebody in the system to provide the level of care to which the patient is entitled. The effect of this on the doctor-patient relationship is...the duty nurse, who in her turn called some doctor to attend to the patient. No doctor turned up for about 20 to 25 minutes. Then, Dr. Jacob Mathew, the appellant before us and Dr. Allen Joseph came.... However, there was no arrangement to make the gas cylinder functional and in-between, 5 to 7 minutes were wasted. By this time, another doctor came who declared that the patient was dead. The latter...
...father for cancer. According to the petitioner, the Doctor agreed to treat his father. There was a contractual relationship between the Doctor and patient. The Doctor was expected to take care of his...: (2013) 4 MLJ (Crl) 259 considered in extenso the Doctor-Patient relationship. The Supreme Court observed:“37. It is the responsibilities...that emerge from the doctor-patient relationship that forms the cornerstone of the legal implications emerging from medical practice. The existence of a doctor-patient relationship presupposes any...
...a case was pending before the Family Court, Palakkad. The issuance of such a certificate would violate the confidentiality in doctor-patient relationship. It is also unethical. The consequence of...already discussed above, Doctor patient relationship, though basically commercial, is professionally, a matter of confidence and, therefore, Doctors are morally and ethically bound to maintain...respondent had patient-doctor relationship. The respondent had admittedly issued Exhibit A1 certificate to the husband of the appellant. In Exhibit A1 certificate, it was stated that the appellant...
..., matrimonial, or even political. As already discussed above, Doctor-patient relationship, though basically commercial, is professionally, a matter of confidence and, therefore, Doctors are morally and...dealt with the right of privacy and in para 27 it stated:
27. Right of Privacy may, apart from contract, also arise out of a particular specific relationship which may be commercial...
...:1. The Doctor-Patient Relationship.2. Duty of care which a doctor owes towards his patient.3. When this breach of duty would amount to negligence...case?(1) The Doctor-Patient relationship36. Since ancient times, certain duties and responsibilities have been cast on persons who adopt the sacred profession as...exemplified by Charak's Oath (1000 BC) and the Hippocracic Oath (460 BC)37. It is the responsibilities that emerge from the doctor-patient relationship that forms the cornerstone of the legal...
...trade practices?
(i). Doctor-patient relationship:
44. In order this issue, we need to inspect the edifice on...SCC 481has outlined the doctor-patient relationship in Indian jurisprudence. The Court held that the responsibilities that emerge from the doctor-patient relationship that...the cornerstone of the legal implications emerging from medical practice. The existence of a doctor-patient relationship presupposes any obligations and consequent liability of the doctor to the...
...Court has discussed the concept of fiduciary relationship in some detail. A doctors observation with regard to a patient is a doctor/patient relationship that lies at the heart of fiduciary and...the hospital along with doctor who attended to him/her. Number of days spent in the hospital; bifurcate the details department or ward wise. (that is ICU, other). Doctors observation. Expenditure...disclosure of which has no relationship to any public activity or interest and, therefore, is hereby rejected under section 8(1)(j) of the RTI Act, 2005.
Aggrieved Shri A.K. Srivastava moved...
...Chandra Agarwal]. The Respondent as the health provider to the third party holds the information under the doctor-patient relationship, in fiduciary capacity and such information cannot be...information sought by the Appellant is fiduciary in nature, information between patient and Doctor which cannot be disclosed under section 8(1)(e) of RTI Act.
2. The...about medical records of a third party, irrespective of the relationship of the information seeker with the third party, cannot be disclosed under the RTI Act, since it is personal in nature, as held by...
...Chandra Agarwal]. The Respondent as the health provider to the third party holds the information under the doctor-patient relationship, in fiduciary capacity and such information cannot be...information sought by the Appellant is fiduciary in nature, information between patient and Doctor which cannot be disclosed under section 8(1)(e) of RTI Act.
2. The...about medical records of a third party, irrespective of the relationship of the information seeker with the third party, cannot be disclosed under the RTI Act, since it is personal in nature, as held by...
..., also arise out of a particular specific relationship which may be commercial, matrimonial, or even political. As already discussed above, doctor-patient relationship, though...
...narrow compass. The relationship between the complainant and the petitioner is that of a patient and a doctor. The complainant visits the hospital, in which the petitioner is a duty doctor, complaining...and when they are uncertain about the needs to be done. The unequal distribution of power in the doctor-patient relationship may give rise to opportunities of sexual exploitation. This vulnerability...sexual abuse. If any act of the kind emerges even as an allegation, the relationship of trust which is between the doctor and a patient gets eroded.
11. If the complaint...
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...(2013) SCC 68 (SC), IV (2013) CCR 37 (SC), (2013),15 while discussing the doctor patient relationship and the responsibilities that emerged SCC 481, therefrom.... Conclusion: The formation of a doctor-patient relationship is integral to the formation of a legal relationship and consequent rights and duties, forming the basis of liability of a medical practitioner.... Due to the very nature of the medical profession, the degree of responsibility on the practitioner is higher than that of any other service provider. The concept of a doctor patient relationship forms...