Access to medicolegal report
Dr Kulwant Rai
(Querist) 04 December 2011
This query is : Resolved
I’m working in the deptt. of surgery in govt. medical college. The patients with some injuries ( medicolegal nature) are admitted in the surgery deptt. under our supervision. The forensic deptt. of our college prepares the medicolegal report. I sincerely feel that we can better treat the patient if we know the medicolegal report also.e.g. what are the particular injuries they have kept under observation for surgeon opinion, the number of injuries they have noted./the number of injuries surgery deptt. has noted on the person of patient. So that there is no discrepancy later on in the court. So one deptt is treating the patient while other deptt doing the medicolegal work on the same patient. The forensic deptt takes it granted, that we supply them full record of the patient, and they don’t want to share the MLR with us. In particular case I requested for(in writing) the MLR of the patient, before giving bed head ticket . I have received a letter from that deptt. under which rule I want the MLR of the patient? I know, the reason( they want to hide their misdeeds)
So I want to know is there any rule under which a treating surgeorn can demand for the MLR of the patient.
prabhakar singh
(Expert) 04 December 2011
Dr.Rai!
It's your second visit with same question. Last time none provided you any answer.
I talked what by "MLR"you mean.This time from your narration I am guessing you mean by it a MEDICO LEGAL REPORT.
If it is MEDICO LEGAL REPORT(MLR)then my answers are as below:
1)First of all there is no codified law in this regard at least in my knowledge.
BUT the medico-legal report is prepared by the doctor for the police at the specific or deemed request of the police. To quote MODI(a celebrated medico legal jurist consistently followed by courts as authority), Medico-legal reports[MLR(s)] are the documents prepared by medical officers in obedience to a demand by an authorised police officer or a magistrate.
The original is to be given to the police and the copy is to be retained by the hospital. It is clear that the transaction is between the police and the hospital / doctor.
All other parties are strangers to this transaction. The Medico legal report is an important document for investigation of crime and cannot be revealed to others without the permission of the authorities concerned, which are the state / police and the court.
It is suggested that in all cases of injury a medico legal report(MLR) ofvictim-patient
must be prepared and preserved in original in precautionary manner as of legal duty in anticipation of a case.
Then if the VICTIM(the patient)or an accused wants attested copy of the medicolegal report(MLR), he should apply for such a copy to the holder of the original. The original is supposed to be with the police. However, if the original is with the hospital / doctor, a copy can be supplied as per court orders or on production of a No Objection Certificate from the police.
BUT IN YOUR CASE IT IS A MATTER OF INTER DEPARTMENT CONNECTED WITH TREATMENT OF THE PATIENT (may be victim also)WHERE AS A PROFESSIONAL SURGEON YOU FEEL THAT LOOKING INTO MLR(medico legal report)MAY BE QUITE HELPFUL IN TREATING BETTER THEN THE FORENSIC DEPARTMENT SHOULD CO ORDINATE IN SOME WAY WITH SURGERY DEPARTMENT FOR BENEVOLENCE OF THE PATIENT.SINCE THEY ARE THE PERSON RESPONSIBLE,IN CASE ANY TEMPERING ARISES THERE IN,THEY ARE RELUCTANT TO SHARE IT WITH YOUR DEPARTMENT.
BUT THIS PROBLEM CAN BE SOLVED IN THIS ELECTRONIC ERA BY LOADING THE REPORT ON A COMPUTER AND GIVING AN ACCESS TO SURGEONS BY USE OF PERSONALLY PRE ALLOTTED PASSWORDS,OR BY ISSUING A PHOTO COPY THEREOF TO BE PRESERVED BY SURGERY DEPARTMENT IN SAFE LOCK AND KEY.FOR IT A MEETING BETWEEN THE TWO DEPARTMENTS CAN BE ORGANIZED IN WHICH THE HEAD OF THE INSTITUTION MAY PRESIDE FOR MAKING AND FRAMING INTER DEPARTMENT ACCESS TO SUCH AN MLR.
ONE MORE THING FROM ME: THAT LIKE EVERY THING POSITION OF LAW IS ALSO EVER CHANGING
AND IN MEDICO LEGAL AREA IT HAS EVER EVOLVED AND GROWN THROUGH CASE LAWS,IN RECENT CASES OF MEDICAL NEGLIGENCE IF A PATIENT REQUIRES SURGERY AS WELL AS TRANSFUSION OF BLOOD COURTS HAVE OPINED THAT AS SURGERY INVOLVES RISK AND TRANSFUSION OF BLOOD CARRY EVEN A GREATER RISK, THE CONSENT WAS REQUIRED NOT ONLY FOR SURGERY BUT ALSO FOR TRANSFUSION OF BLOOD. IT WAS NOT THE SITUATION EARLIER. AND THEN PRESUMPTION IS THAT IGNORANCE OF LAW CAN NOT BE A DEFENCE FOR ANY ONE.
THEN TO AVOID ANY SUCH RISK YOUR REPORT SHOULD BE ACCORDINGLY ADEQUATELY TO MEET SUCH THINGS[BE IT MLR OR ANY THING ELSE].
Dr V. Nageswara Rao
(Expert) 05 December 2011
I entirely agree with Mr Prabhakar Singh.As I have taught Medical Jurisprudence in University Law College for one year, I have some understanding of the problem. You mean to say that Medicolegal dept would know more about the injuries and their nature than the doctors treating him and the surgeon who is coordinating with the doctors? Afterall there will not be much time lag between the surgical dept and medicolegal dept's observations.The patient is admitted directly into emergency ward and will not be sent right away to medicolegal dept.
Shonee Kapoor
(Expert) 05 December 2011
NO reason to differ.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
