Tab Article
Urology, like many medical specialties, faces ever-evolving legal challenges that can catch practicing urologists off guard. From issues regarding each passing day, legal concerns in medical practice intensify, especially in the face of patient dissatisfaction, accusations of negligence, and perceived service deficiencies. Terms such as "iatrogenic," "known complications," and "medical error" are constantly at the core of malpractice claims, forcing urologists to remain up-to-date and vigilant. Moreover, with medical services falling under the Consumer Protection Act-2019 and the evolving framework of the National Medical Commission (NMC) 2019, urologists more and more are increasingly exposed to intricate legal environment. The introduction of the NMC's new code of conduct in 2023, which is a temporarily in abeyance, adds further uncertainty for practitioners; thus, putting back MCI code of ethics 2002 in action.
The introduction of the Bharatiya Nyaya Sanhita 2023 (BNS), which brings stricter provisions under section 106(1), more stringent than the now outdated IPC 304A, with the transition on July 1, 2024, to the Bharatiya Nagarik Suraksha Sanhita Act, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam 2023 further adds to new dimension to medico-legal landscape. Practitioners are now required to update their understanding of case law under these new statutes. The lip service of assurance of decriminalization promised by the home minister in December 2023 never came true. Criminal law uncertainties looming large over the medical professionals, make the urologist more concerned than before.
Harshit Nahar
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