Legal Documents Library

Medical Jurisprudence: An Indian Law Perspective

Introduction:

"Medicolegal" is the term, which incorporates the basics of two sister professions i.e. Medicine and Law. Everybody talks about the law but few, aside from lawyers, judges and law teachers, have more than the vaguest notion of what constitutes law. The average layman often has about as much accurate information about the law as he has about medicine-or life on Venus. And, unfortunately, two professional groups suffer from more ignorance of law and medicine than is good for them:

lawyers, at least those who do not constantly deal with medical issues in their legal practice, know very little about the medical profession and its problems; physicians frequently comprehend too little about the law and how it affects them in the practice of their profession. Medico legal experts can provide a link between these two professions for their smooth & effective functioning in a scientific manner. The physician meets the law at every turn. He confronts it when, as the treating doctor, he is subpoenaed as a witness in a personal injury lawsuit; he meets it when his aid is sought as an expert in connection with a claim that another member of his profession has been negligent and when he is faced in his office or clinic by a narcotic addict, a man with a gunshot wound, or a young couple seeking a blood test. He is face-to-face with the law when he is required to render an aggravating array of governmental reports or to preserve physical evidence for the benefit of a law enforcement agency. The physician, in fact, finds a great deal of the law intensely irritating, often because he is not absolutely clear as to its purpose.

The following subjects deal with all the above aspects of Law and medicine.

# Forensic Medicine

# Medical Jurisprudence

# Toxicology

Medical jurisprudence is the application of medical science to legal problems. It is typically involved in cases concerning blood relationship, mental illness, injury, or death resulting from violence. Autopsy is often used to determine the cause of death, particularly in cases where foul play is suspected. Post-mortem examination can determine not only the immediate agent of death (e.g. gunshot wound, poison), but may also yield important contextual information, such as how long the person has been dead, which can help trace the killing. Forensic medicine has also become increasingly important in cases involving rape. Modern techniques use such specimens as semen, blood, and hair samples of the criminal found in the victim's bodies, which can be compared to the defendant's genetic makeup through a technique known as DNA fingerprinting; this technique may also be used to identify the body of a victim. The establishment of serious mental illness by a licensed psychologist can be used in demonstrating incompetence to stand trial, a technique which may be used in the insanity defense, albeit infrequently.

Autopsy:

Autopsy is the systematic examination of a cadaver for study or for determining the cause of death. Autopsy means "see for yourself". It is a special surgical operation, performed by specially trained physicians, on a dead body. Its purpose is to learn the truth about the person's health during life, and how the person really died. Autopsies, also known as necropsies, postmortems, or postmortem examinations, use many methodical procedures to determine the etiology and pathogenesis of diseases, for epidemiologic purposes, for establishment of genetic causes, and for family counsel. There are many advantages to getting an autopsy. Even when the law does not require it, there is always something interesting for the family to know. Post-mortems may be performed at the request of the authorities in cases of unexplained and suspicious death or where a physician did not attend death. In other circumstances post-mortem examination may be performed only with the consent of the deceased's family or with permission granted by the person himself before death. These examinations are more frequently being used for the acquiring of organs and tissues for transplantation. Valuable medical information can be learned from a post-mortem examination. Legionnaire's disease, for example, was discovered as a result of autopsies, and improved safety standards have resulted from the examination of the bodies of crash victims.

GIFT OF BUILDING FOR SPECIFIC PURPOSE OF RUNNING A PUBLIC HOSPITAL?CONDITION FOR REVOCATION ANNEXED TO THE GIFT

THIS DEED OF GIFT made the ________ day of __________

 BETWEEN

_________________________________________________ (insert the name, address, etc. of donor) (hereinafter called the doner) of the ONE PART

AND

_______________________________________________ (insert the name Society registered) under the Society?s Registration Act ____________  (hereinafter called  the society) of the OTHER PART.

WHEREAS the Society is conducting several charitable activities in the city of ____________ 

LET IT BE KNOW TO ALL MEN that I____________.. s/o ____________.r/o____________..(hereinafter called the Donor, owner in possession of land described in the schedule annexed herewith, intending to construct and start a hospital in ____________ for providing free medical facilities to the poor inhabitants of ____________ , desire to donate the aforesaid land to Mr____________ s/o____________.r/o____________..(hereinafter called the Donee).

BOTH THE DONOR AND DONEE HEREBY A AGREE TO THE FOLLOWING :

1. That the donor does hereby and hereunder of his free will and without force, compulsion or undue influence, give, grant, convey and assign the entire land  (described in the schedule) unto and to the use of the donee  and his successors and heirs for the purposes of a site for construction  of the said hospital. To have and hold the same  so long as it would be utilized for the purpose for which it has been donated.
2. That the donee hereby accepts the gift made hereinbefore solely  and exclusively fore the purpose mentioned above and subject to conditions hereinbefore stated.