Rape victim's examination at hospital

38,947 rape cases were registered in India in 2016 (data from National Crime Records Bureau). That translates into 106 rape cases every-day or about 4-5 rapes every hour. The data also shows that incidence of rapes is on rise. On the other hand, the conviction rate in rape cases is just 25.5%, as of 2016, which is a reduction from 29.4% of the previous years. With such low conviction rate, the heinous crime of rape is difficult to be contained. One of the biggest reason for low conviction rate is the insufficiency of evidence due to poor quality of medical examination of rape victim. Many doctors and hospitals are not updated and prepared for proper examination of rape victim. Doctors and hospitals can play a big role in increasing the conviction rate in rape cases, thus reducing the number of rape cases occurring in our country. This post is intended to make hospitals aware about how to properly handle the medical examination of rape victims. The detailed protocol of medical examination, as issued by Government of India can be accessed here.

Licenses, permits and other legal documents required to open and operate a hospital

There are many regulatory clearances required to establish and operate a hospital. The management of hospital must be aware about all such legal documents, requirements and process to obtain the same. Here is a comprehensive list of applicable legal documents with their brief description and relevant links. Some of these may not be applicable to specific hospitals, depending upon the scope of service, type of infrastructure, location etc.

1. Legal documents required for establishing the business of hospital

Passive Euthanasia in India and Making Advance Medical Directives: Details that hospitals and patients must know

Passive Euthanasia has been legal in India since 2011 after Supreme Court issued its judgement in Aruna Shanbaug’s case. Although the plea of the petitioner, Journalist Pinki Virani, was rejected, supreme court gave directives on when and how passive euthanasia can be allowed and executed in Shanbaug’s case, making passive euthanasia as legal in India.

A case on similar line, filed by an NGO ‘Common Cause’ was also going on whose plea was to make it legal for people to make Advance Directive for passive euthanasia. On March 9, 2018 Supreme Court of India upholds passive euthanasia and issued regulations for executing Advance Directive for passive Euthanasia.  The regulation passed through this judgement will remain binding across the country till the time, Parliament of India comes up with a bill or law on this subject.

The hospitals and medical fraternity (specially those that provide end-of-life care) need to make themselves aware about the legally correct way of handling advance medical directives for passive euthanasia. This post explains the legal directives in simple language for its correct implementation. The information presented here is derived directly from the 538-page official judgement report of the Supreme Court of India.
(Check - Advance Medical Directive Form for Passive Euthanasia)

      1.   What is Euthanasia and what is India’s legal stand on it?

General Consent and Informed Consent in Hospitals

General consent is an umbrella consent taken for conducting those patient care processes which do not pose any significant risk of harm to patient. For example, physical examination, collection of blood sample, Intravenous administration of fluids etc. are less risky processes when compared to surgery, anaesthesia etc. and can be done by taking a general consent from patient. The reason it is called as a general consent is because under one consent, the hospital can do multiple patient care processes that are within the scope of general consent. Even though it is called as general consent, it has to be informed to the patient about the scope its scope, before he/she gives consent.

In OPD patients, general consent can be considered as implied for all non-risky OPD based procedures and written consent may not be required. However, in patients being admitted, general consent must be documented with patients’ signature. A standard general consent form can be used for this purpose. The scope can cover consent for…

·    Admitting the patients in an intermediate care ward/room (Scope does not cover admission of patient to ICU for which a separate informed consent should be taken)