The legal and ethical duty which is imposed on the doctor to exercise due skill and care only arises where there is a doctor/patient relationship come in contractual existence as per Indian evidence Act.
• If a doctor is passing/crossing the scene of an road traffic accident/any medical emergency in which some person has been injured/sick and is in need of urgent medical/surgical attention/intervention to save the life or limb of the injured he/she would not be held to have been negligent, if suppose he does not render/provide medical assistance to the patient for violation of civil/criminal or consumer law , as no doctor / patient relationship has been established/came in force for medical care delivery and in consequences the doctor owes the patient no legal duty towards the injured person .
• If, however, the doctor goes to the medical assistance of a person who is injured in an accident revealing/pronouncing himself as doctor then a doctor /patient relationship is at once established in implied manner and the doctor become bound down ethically and has a duty to exercise reasonable/required standard skill and care in providing medical care at that length of situation regardless of whether or not his medical services are being given gratuitously.
• Many advance country states that when any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact, to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures
• the American Medical Association, Alabama state trooper, medical aidman functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a person injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(Contributed by Dr Sudhir Gupta)
• If a doctor is passing/crossing the scene of an road traffic accident/any medical emergency in which some person has been injured/sick and is in need of urgent medical/surgical attention/intervention to save the life or limb of the injured he/she would not be held to have been negligent, if suppose he does not render/provide medical assistance to the patient for violation of civil/criminal or consumer law , as no doctor / patient relationship has been established/came in force for medical care delivery and in consequences the doctor owes the patient no legal duty towards the injured person .
• If, however, the doctor goes to the medical assistance of a person who is injured in an accident revealing/pronouncing himself as doctor then a doctor /patient relationship is at once established in implied manner and the doctor become bound down ethically and has a duty to exercise reasonable/required standard skill and care in providing medical care at that length of situation regardless of whether or not his medical services are being given gratuitously.
• Many advance country states that when any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact, to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures
• the American Medical Association, Alabama state trooper, medical aidman functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a person injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(Contributed by Dr Sudhir Gupta)
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