In recent times, there has been an increasing trend in the number of medico-legal cases in India. Many at times not all organisations are capable of handling the medico legal cases due to lack of bandwidth to handle the cases and feasibility / accessibility to the right person / legal firm who have  the required knowledge in the field. Sometimes, doctors and hospitals are being victimised due to ignorance or misinterpretation of the law.

In order to address these issues, Association of Healthcare Providers (India) (AHPI), the largest association of private hospitals in India, joins hands with National Law School of India University (NLSIU), the nation’s premier law university, to form a collaborative platfomr, to bring in a significant change in Medical law and related policies. This joint initiative will also focus on creating awareness among medical professionals and institutions on the importance of understanding Medical law and help support member hospitals with a second opinion. This also includes deep understanding of the Law, imparting legal education and providing support on legal issues to the medical professionals.

Programmes

The joint initiative comprises of three unique programmes.

1. Think Tank Initiative

The healthcare industry today is facing several issues in governance, law and administration. The governments are enforcing laws and policies that is choking the industry to an extent that it has become difficult to survive. At this juncture, it has become important for the healthcare industry to advocate on issues related to their very existence. Hospitals have to comprehend the basic foundation of the law and government policies and present its case to the policy makers, the government and the judiciary.

The Think Tank Initiative is a consortium of some of the most brilliant minds in the domains of healthcare and law in the country. This initiative brings together doctors, hospital administrators, healthcare entrepreneurs, advocates, legal experts and law faculty to discuss issues concerning the healthcare industry and frame strategies to tackle them.

Scope

1. To evaluate and understand policies related to healthcare industry
2. To frame counter-strategies to manage issues hindering growth in the healthcare industry

2. Post Graduate Diploma in Medical Law and Ethics (PGDMLE)

The main objective of the Course is to bring an interlink between ‘law’ and ‘medicine’. The Course helps an interdisciplinary study between law and health and identifies specific nature of relationship that exists between a medical practitioner and his patient. The course contextualizes the constitutional dimension to ‘right to health and discusses the various international legal documents which attempts to ensure ‘right to health’ to all. Obligations of the medical professionals, the duty of care and the responsibilities of hospital administration towards the sick are highlighted. Various remedies available to patients for breach of doctor’s duty, like civil, consumer protection, criminal and professional regulatory bodies are discussed. The complex issues of ‘consent’ and ‘confidentiality’ are discussed at length to bring about better and effective compliance amongst the medical fraternity. The Course highlights the emerging issues in the field of medicine like HIV/AIDS, clinical trials, surrogate motherhood and euthanasia. The course equips a scholar in understanding of law, health and its legal system.

NLSIU is furthering its mandate of attempting ‘Social Change’ by imparting legal education through Distance Education Programmes. These Distance Education Programmes are designed to empower the interested candidates in expanding & deepening their legal knowledge in a globalized world. Interestingly these programmes do not have any age barrier and any interested graduate may enroll. With the help of AHPI, NLSIU has been able to get into agreement with Institutions of Global Repute – Meenakshi Mission Hospital & Research Centre, Madurai, Christian Medical College, Vellore and Tata Institute of Social Studies, Mumbai – to establish its Distance Education Programmes.

Subjects

1. Paper I – Introduction to Law & Legal systems
2. Paper II – Law & Health – An Interphase
3. Paper III – Medical Professional & Patient – The Legal Relationship
4. Paper IV – Law & Medicine – Some Emerging Issues
5. Paper V – Dissertation

3. Legal Consulting

Instances of litigation against doctors and hospital are on the rise and recent awards of exorbitant compensation to the patients by Consumer forums have caused bad precedents. Though hospitals and doctors have their own legal practioneers or law firms to handle such litigations, it would only be advantageous to have an unbiased third party legal opinion on the litigation and the manner in which the litigation is being handled. AHPI has joint hands with NLSIU to offer third party expert legal opinion services to its members whenever doctors and hospitals need so, for a nominal professional fee. Smaller nursing homes and clinics will benefit more from this initiative.

Scope

1. NLSIU will offer arbitration services between the complainant and the doctor or hospital for an amicable settlement.
2. NLSIU will be able to suggest advocates for representing in the court.
3. NLSIU will offer expert legal opinion on any matter relating to healthcare issues.