MEDICAL LAWS AND ETHICS IN INDIA

INTRODUCTION

Medical law and ethics play an important role in improving the nation's healthcare system, ensuring patient safety and health, and maintaining the integrity of care. Wikipedia defines clinical ethics as an ethical framework that applies values and judgments to the practice of medicine. As an academic discipline, medical ethics encompasses the history, philosophy, beliefs, and traditions of medicine, as well as its practical application. Thomas L. Beauchamp and James F. Childress developed the principles of leadership. They identified four principles that became the foundation of leadership.

1) Do what is best for the patient (do good)

2) Justice.

3) Do no harm

4) Autonomy

Distrust between doctors and patients has increased as patients are seen as clients or guinea pigs. Regulatory bodies such as the Medical Council of India (MCI) and others are also controversial. Eminent doctors and other experts have highlighted the flaws in the system and have stressed theneed for healthcare professionals to adhere to ethical standards. The government and doctors need to work together to build trust in the medical sector.

The legal framework governing the healthcare sector in India has been expanded and enhanced to support the highest standards of care and professionalism.

MEDICAL LAWS IN INDIA

1)The act of amending and establishing the Indian Medical Council in 1956

Foundations of national medical education and practice. Thus, the formation of the Medical Council of India under the Act is the step towards formulation of standard of doctors. In 2020, the MCI was replaced by the National Medical Council (NMC) which continues the legacy of medical care and practice and aims to enhance the quality of healthcare; business, professional standards; licenses and practices.

2) The Clause of Clinical Establishment (Registration and Regulation ) Act-applied in 2010

The law places responsibility into the hands of physicians to promote the right culture, responsibility as well as excellent healthcare services in the country by observing the standards of ethical issues.In relation to the industry, they have significant importance with specialized hospitals especially in India: both the private and the general.abolishment of the Medical Council of India (MCI) under the Act is an important step towards setting standards for doctors. In 2020, the MCI was replaced by the National Medical Council (NMC), which continues the tradition of medical care and practice by striving to improve the quality of health care. business standards, licensing requirements and practices.

3) Clinical Establishments (Registration and Regulation) Act, 2010

Physicians contribute to a culture of responsibility and excellence in health care throughout the country by adhering to the law and ethical values. They play an important role in the healthcare environment in India, including private and public hospitals. An act that governs registration of these institutions and raises the standard of the medical services offered to the public through adherence to the minimum standards of service and facilities.

4) Drugs and Cosmetics Rules 1945

It supervises the importation, production, distribution and marketing of pharmaceutical and cosmetic products in the nation. On the broader level it has the objective of safeguarding the health of the general public through ensuring that only quality drugs in the market are consumed. It forms a fundamental law that governs importation, production, distribution and use of drugs and cosmetics in the country.It’s principal function is to safeguard the health of the public in the sense that those medicines that reach the consumers are safe and effective to use.4 Consumer Protection Act, 2019 Consumer Protection Act 2019 4 1956

5) Transplantation of Human Organs and Tissues Act, 1994

Organ transplantation is an important policy to combat illegal organ trafficking and promote ethics in organ donation and transplantation procedures.

6) Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994

This act was established with the primary objective of curbing the practice of sex-selective abortions.It strictly prohibits the use of diagnostic methods to determine the sex of the fetus and aims to regulate the use of these methods. This bill focuses on the root cause of abortion and plays an important role in promoting gender equality and protecting the rights of the fetus.

7) Mental Healthcare Act, 2017

This is an important law that aims to safeguard the rights of people with mental illness. The bill aim to combat violent mental health issues by improving access to mental health services, considering suicide and emphasizing the importance of informed consent in treatment, and to provide adequate support to those in need to be careful in their ethical behaviour.

MEDICAL ETHICS IN INDIA

Medical ethics in India outlines a framework for healthcare professionals to adhere to, ensuring the delivery of quality care while upholding moral principles. Key elements guide ethical practices within the medical field, including the modern interpretation of the following:

a) Hippocratic Oath

The Hippocratic Oath. This oath underscores the values of confidentiality, non-maleficence, and beneficence, embedding a commitment to patient well-being within practitioners' responsibilities.

b) Code of medical ethics by the national medical commission

A general code of medical ethics has been established as a foundation for medical professionals. It outlines principles such as protecting patient confidentiality, providing quality care with harmony and respect, refusing discrimination, and prohibiting unethical practices such as reciprocation or fraud. And in accordance with this law, doctors in India are under obligation to state and to stress the paramount duty of the physician, the primacy of the patient’s welfare over the doctor’s self-interest. The concept of informed consent is a basic one and for a doctor to conduct a study; he/she has to explain to the patient the nature of the study, it’s risks and benefits and the available choices before getting the patient’s consent. This approach keeps the patient free and adheres with the principles of beneficence and non/malice use of force emphasize the moral responsibility of caring for the patient first.

c) Informed consent

The concept of informed consent is fundamental and requires doctors to fully explain to patients the risks, benefits and alternatives of the proposed treatment and to obtain their consent before starting the study. This approach keeps the patient free and supports the principles of benevolence and non-violence.

D) The doctor – patient relationship.

The famous doctor-patient relationship which forms the core of medical profession ethos has its foundation on principles of trust, candour, patient confidentiality, and patient self-determination. Observance of these values enhances the process of communication as well as decision-making in treatment. The reality of latency means the stakes are high and this makes failure to be imprudent in relation to others lastingly costly, legally actionable, professionally censurable and so on; once again, this is why ethical standards must remain high. It has raised a very big problem as you can see/intend. the health of their patients ahead of personal gain and emphasize the moral responsibility of caring for the patient first.

E) Medical Negligence

Negligence can have serious consequences, including legal and professional censure, and this underscores the urgent need to maintain high ethical standards. The issue has created a major problem.

F) Active/passive voluntary euthanasia. Euthanasia, in general, is still prohibited; however, passive euthanasia raises questions regarding ethical principles and rules, patient’s and family’s best interest. The concept of informed consent is fundamental and requires doctors to fully explain to patients the risks, benefits and alternatives of the proposed treatment and to obtain their consent before starting the study. This approach keeps the patient free and supports the principles of benevolence and non-violence.

G) Euthanasia and end of life care

While euthanasia is still prohibited, passive euthanasia requires careful consideration of ethical rules, as well as issues related to the patient’s best interests and family involvement.

MAJOR ISSUES IN MEDICAL ETHICS

It presents values as critical for the preservation of the medical research quality and for participant’s safety and human rights. Of course, such practice complies with these ethical standards beneath quite the result of physicians and researchers, who help to develop new knowledge and make useful courses participating in research. By following these ethical standards, physicians and researchers contribute to the advancement of knowledge and the provision of effective treatments.
The first major grievance that has cropped up is health care access. This issue of Equity means that in some cases, or rather, as of this moment, any form of inequality especially in access to health care has raised issues of fairness in treatment and ensure that there is balance in the distribution of commodities among people in the society. By following these ethical standards, physicians and researchers contribute to the advancement of knowledge and the provision of effective treatments.
The first major issue that has emerged is access to healthcare. Inequalities in access to healthcare have created significant issues of fairness in the treatment and equitable distribution of goods among all members of society.
Balancing the need for transparency in reporting errors with reputational risks to individuals and organizations is also an ethical issue.
The virtual nature of telemedicine raises issues such as patient privacy, consent procedure and quality of care during online consultations. It promotes the highest standards of professionalism and integrity in the workplace.

Physicians demonstrate their responsibility and commitment to ethics by adhering to legal and ethical standards. This not only protects the health of the patient, but also increases the public’s trust in healthcare.

CONCLUSION

Ethics, which guide the behaviour of doctors and scientists, play a significant role in ensuring the health and safety of patients and the public. One of the basic principles is to prevent disagreements among physicians that could affect the conduct and integrity of research. Physicians must adhere to the highest professional standards to protect the purpose of their medical decisions and recommendations, and must avoid accepting excessive favors or incentives from pharmaceutical companies or laboratories.

Procedures to protect the rights and safety of research participants. Clinical trials and research must comply with ethical standards that monitor patient safety, obtain informed consent, and report research results transparently.

Similarly, legal and institutional support should be strengthened through legal reform, quality control, regular healthcare facility inspections, and stakeholder awareness must be improved. By strictly following these guidelines, doctors can respond to ethical and legal issues with honesty and transparency.

AUTHOR:

Nishi Shrivastava

Department of Law, Jiwaji University, Gwalior