HEALTH LAW

UNDER GRADUATE – IXth SEMESTER

SESSION 2014-15
Summer Semester

FACULTY

Miss Priyanka Anand

National University of Study and Research in Law, Ranchi

BIT Mesra Polytechnic Campus

Ranchi (Jharkhand)

INDIA

2014
Introduction to the Course:

In modern times, particularly after the beginning of globalization and liberalization, science and
technology are having impact on the community. Along with traditional legal subjects, there is a
need to incorporate emerging sectors in legal education. Public Health Law is one such subject.
This subject should be viewed as one of the measures of welfare legislation. At the same time the
control and regulation of medicines and drugs is vital. Therefore a comprehensive legal study of
different dimensions of medical area is introduced for the purpose of fixing liabilities and
distribution of medical benefits to the public at large.

Public health has not received due attention in legal studies. The course attempts to fill this
lacuna. This course seeks to explore various areas of the law that deal with creating and
maintaining and regulating ‘health.’ It incorporates broad theoretical basis behind the
relationship between law and healthcare services.

Objective to the Course:

The course aims to give comprehensive and practical approach to the students to make them
aware of the developments in medical sciences, to explore various issues and to enable them to
be equipped to face the recent challenges raised by the modern issues in contemporary era.

Evaluation Scheme:

 Continuous Assessment 30%

 Mid Term Examination 20%
 End Term Examination 50%
 COURSE OUTLINE

MODULE I – INTRODUCTION

1. Health: Concept & meaning of health, private health and public health.
2. Factors affecting Public Health
3. Rural Health

MODULE II – LAW AND HEALTH CARE IN INDIA

1. Constitutional Law
 Health as Fundamental Right
 Directive Principles of State Policy
 Judicial Trend
 Health as Human Right
2. Criminal Law
 Offences affecting Public Health and safety
 Offences against persons
3. Labour Laws
 Hospital as an Industry
 Health care rights of employees under various legislations
4. Health care rights of persons with disabilities

MODULE III – LEGISLATIVE AND JUDICIAL PERSPECTIVES OF MEDICAL

PROFESSION

1. Doctor and patient relationship – Basic principles underlying the relationship

 Duty of care, Standard of care, Breach of duty and duty to treat
 Concept of vicarious liability
 Consent and Informed Consent
 Confidentiality
2. Code of Medical Ethics
 Development of concept of medical ethics

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  Duties of doctors vis-à-vis rights of patients
 Code of Ethics Regulations 2002
3. Concept of Medical Negligence
 Origin of concept
 Role of consent in medical practice
 Error of judgment and gross negligence
 Wrongful diagnosis and negligent diagnosis
 Remedies for Medical negligence
 Consumer Protection Act
4. Judicial Trend about Medical Negligence
 Before I.M.A v. V.P. Shantha
 After I.M.A v. V.P. Shantha
5. Legal Proceedings vis-à-vis Medical professionals
 Legal Proceedings against doctors
 Defenses available to doctors
 Documentation and record keeping
 Reacting on emergencies. Mishaps, accidents
 Medico legal matters and role as an expert witness

MODULE IV – COST AND INSURANCE

1. Need for Public Health Insurance in India.

2. Important projects and schemes of State and Central Governments
3. Types of Health Insurance in India

MODULE V – EMERGING ISSUES IN LAW AND MEDICINE

1. Medical Experimentation and Clinical Trials –

 Concept
 Informed consent
 Protection of the vulnerable groups

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  Legal measures
2. Organ Transplantation
 Issues
 Legal Measures
3. Medical termination of pregnancy
 Socio-legal and ethical issues
 Legal measures
4. Prenatal diagnostic technique –
 Abuse of technology and it’s impact
 Legal Measures
5. Artificial insemination and surrogacy
 Socio-legal and ethical issues
 Inadequacy of law
 Precautionary legal measures
6. Euthanasia and physician assisted suicide
 Development of the concept
 Ethical and Legal issues
 Development of the law and judicial trend

LEADING CASES

 Arunna Ben D. Kothari V. Navdeep Clinics and Others, III (1996) CPJ 605
 B. Sekhar Hegde V. Dr. Sudharshan Bhattacharya, 1992 (II) CPJ 449
 B.K. Ghosh V. Dr. (Prof) P Maulick, 2005(I) CPJ 737 (West Bengal, SCDR)
 C. Sivakumar vs. Dr. John Arthur & Another, III (1998) CPJ 436
 Christian Medical Centre vs. A. Shajahan, III (1998) CPJ 242
 Consumer Education and Research Centre v. Union of India, (1995)3 SCC 42
 Devi Rani V. Prakash Rao and Others, 2002 (III) CPJ 123
 Directorate of Enforcement v. Ashok Kumar Jain, (1998) 2 SCC 105
 Dr. C.S. Subramaniyam v. Kumaraswamy, (1994) 1 MLJ 438

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 Dr. Radhakrishna Murthy & Another V. P. Elishamma Babu, 2002(III) CPJ 193.
 Dr.(Mrs) Satya Arthi V. Smt. Shashi Sharma, 2003(I) CPJ 612 (DB) HC (J&K)
 Dr.S.N. Namboodri V. Haneefa, 1998(1) CPJ 389, Ker. SCDRC
 Indian Medical Association v. V.P. Shantha, (1995) 6 SCC 651
 K.P. Singh v. Union of India (2001) 10 SCC 167
 Lakshmi Rajan vs. Malar Hospital Ltd., III (1998) CPJ 586
 Marri Yadamma v. State of Andhra Pradesh AIR 2002 AP 164
 Mumbai Grahak Panchayat V. Dr.(Mrs)Rashmi and Others, 1998 (1)CPJ 49 (NC).
 Murli Deora v Union of India and Ors, (2001)8 SCC 765
 Pandit Parmanand Katara vs. Union of India,  1989 SCR (3) 997
 Paramjit Kaur vs. State of Punjab, II(1997) C.P.J.394
 Paschim Banga Khet Mazdoor Samity and Ors., vs. State of West Bengal, 1996(4) SCC
37
 Pravat Kumar Mukherjee vs. Ruby General Hospital & Ors, 2005(3) CPR 95
 R.S. Cherian & Others V. Fathima Mary, 2006(I) CPJ 147
 Ram Datt Sharma v. State of Rajasthan AIR 2005 RAJ 317
 Sharada Hospital & Another V. Shankar Lal Gupta & Others, 2006(I) CPJ 300
 State of Tripura v. Amrita Bala Sen, 2005 1 GLR 7

SUGGESTED READINGS

1. Anoop K. Kaushal – Medical Negligence & Legal Remedies, Universal Law Publishing,
Allahabad 4th Ed. (2012).
2. Bakshi P.M. - Law and medicine, UP Institute of Judical Training and Research,
Lucknow [1993].
3. Barnard knight - American medical Practice, Churchill Livingstone, London [1992].
4. Bridgit Diamond - Legal Aspect of Care in the Community, Macmillan Press Ltd.,
London (1997).
5. David P.Filder - International Law and Infection Diseases, ClaredonPrss, Oxford [1999].
6. Diane Longely - Health Care Constitution, Cavendish Publishing Ltd., London [1996].

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7. Dr. Jagdish Singh – Medical negligence Compensation, Bharat Law Publications, Delhi,
3rd Ed. (2004).
8. Dr. Lily Srivastava – Law & Medicine, Universal Law Publishing, Allahabad.
9. Edward p. Rechards and Rathbun Katharine C. - Medical Care law, An Aspen
Publication, Marryland [1999].
10. J.K. Mason and R.A. Mc call Smith - Law and Medical Ethics, Butterworths, London
[1991].
11. MachelDavices - Text Book on medical Law, Blackstone press Pvt. Ltd., London, 2nd
edn. [1998].
12. Marc Starch, Kay When and John Tingle - Sourcebook on medical Law, Cavendish
Publishing Ltd., London [1998].
13. Nandita Adhikari – Law and Medicine, Central Law Publications, Allahabad (2009).
14. R.M. Jhala & K. Kumar (rev), Jhala & Raju’s Medical Jurisprudence, Eastern Book
Company, Lucknow, 6th Ed. (1997).
15. Robert D. Miller and Rebecca C. Hutton - Problems in Health Care Law, Apen
Publication, Maryland [2000].
16. Sally Sheldon and Michel Thomson (Eds.) - Feminist Perspectives on Health Care
University Press, Cavendish Publishing Ltd., London [1998].

CONVENTIONS

1. European Convention on Human Rights.

2. European Convention on Human Rights and Biomedicine of the Council of Europe
3. International Covenant on Civil and Political Rights.
4. International Covenant on Economic, Social Cultural Rights.
5. International Conference on Primary Health Care Alma-Ata, USSR, 6-12 September
1978.

REPORTS

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1. Health for All: An Alternative Strategy, Complied by ICSSR & ICMR, New Delhi:
Indian Institute of Education, 1981.
2. The World Health Report 1999: Making a Difference, Delhi, Delhi, Bookwell, 1999.