Medical and Health Laws

Abstract

This paper seeks to analyse and explore various areas of the law that deal with creating and maintaining and regulating health. This paper aims to analyse the practical approach to all lawyers to make them aware of the developments in medical sciences and to enable all the citizens to be equipped to face the recent challenges raised by the modern issues in contemporary era. Our Indian Constitution makes health in India, the responsibility of State Government and Union Government for raising the level of nutrition and standard of living of people and improvement of public health. The 25th year plan 2012-2017, was based on high level expert group. The objective of strategy is to establish a system of Universal health coverage in the Country. A Doctor who happens to be a witness in an automobile accident or other occurences subsequently developes into a lawsuit, either civil or criminal may be witness subphoenaed to testify in the Court as an expert medical witness. Some state and Medical Associations have set up medical committees to review certain criminal cases in this context. In certain cases, medical books were excluded from evidence by Judiciary as Judge was not satisfied their authors were organized experts such as in the case of Reddington Vs Clayman. If a medical treatise is in fact authoritative, Plaintiff’s counsel can extract this concession from the defendant Doctor in a case by calling him as a witness such as The Physician as a Courtroom Witness.