Indian Journal of Legal Medicine

Introduction: Drowning is the process of experiencing respiratory impairment from  submersion/immersion in liquid. Drowning is a violent form of asphyxial death and the  manner of death may be accidental, suicidal & homicidal. In cases of suicidal drowning medicolegal examination may be very difficult, especially regarding differentiating between suicide,  accident or homicide, and natural death. In the present case scenario, we discussed a case of  suicidal fresh water drowning with many positive findings suggestive of a suicidal death.
 

An orphan disease is characterized by its rarity, leading to a lack of interest from   pharmaceutical industries and medical researchers due to limited financial viability.  Consequently, the etiopathology and causative agents of such diseases remain unidentified, and specific drug therapies are unavailable. Treatment relies on the clinical experience and  intuition of individual physicians, with no standardized protocol or sufficient patient data for  validation. Toxic Epidermal Necrolysis (TEN) is one such orphan disease, with an incidence of  1 to 1.5 per million. It often results from severe hypersensitivity reactions to drugs or infections,  causing the immune system to destroy the epidermal layer, leading to multiorgan failure and a  high mortality rate. This case highlights the complexities and controversies in managing TEN.  Despite numerous specialists' involvement, her treatment led to a legal battle, culminating in a significant compensation award due to alleged medical negligence.
 

Factitious Disorder Imposed on Another (FDIA) involves caregivers fabricating or inducing   illness in someone under their care. In some cases, caregivers misuse FDIA to manipulate legal outcomes by creating false medical histories, leading doctors to unnecessary interventions. When complications arise, they accuse the medical team of negligence. This deceit compromises
accurate diagnoses and treatments, making healthcare providers appear negligent. Proving  medical negligence requires showing that the provider breached their duty of care, but FDIA   obscures the true source of harm. Addressing FDIA misuse involves thorough investigations,   recognizing red flags, and ensuring collaboration between legal and medical professionals.A  case scenarioon FDIA involving patient suffering from Fibroids, who underwent surgery, is described for understanding the practical challenges faced by healthcare professionals, as observed by bird’s eye view, to highlight the pertinent issue.
 

A landmark judgment by the Hon'ble Apex Court in Bar of Indian Lawyers vs. D.K. Gandhi   (2024) has illuminated the medicolegal dilemmas faced by health care providers under the Consumer Protection Act (CPA). This paper critically examines the judiciary's interpretation that professions, including medical and legal, are excluded from the scope of the CPA 2019.  The legal analysis with critical eyes and juristic approach, reveals that the Act, intended to  safeguard consumers from unfair trade practices, does not encompass the services rendered  by professionals whose work is grounded in specialized knowledge and skill. The judgment
underscores the necessity for judicial interpretation in clarifying legislative intent, emphasizing   that professionals should not be categorized alongside traders and businessmen. This exclusion   reflects a deliberate legislative choice, aiming to distinguish the unique nature of professional services from commercial transactions. The paper further explores the implications of this ruling
for health care providers, advocating for a procedural strategy to raise preliminary objections against complaints filed under the CPA 2019. Ultimately, this judgment serves as a definitive   guide, reinforcing the specialized regulatory frameworks governing professional conduct and   ensuring that medical professionals are rightly excluded from the consumer protection ambit.
 

Mortality audit, also known as death review, is a systemic process that documents the  causes of death and factors that contributed to it. Conducted by a medical audit committee  and recommended by Quality Council of India, this review aligns with standards set by  NABH and JCI. It scrutinizes deaths occurring in Operation Theatres, addressing issues on  criminal negligence under the Consumer Protection Act. The audit investigates therapeutic  misadventures, surgical errors, and deficiencies in surgery, involving Healthcare Providers  (HCPs). It also examines anesthetic toxicity, overdoses, anaphylaxis, and other critical factors. Through verbal autopsies and postmortem analyses of the critical facts, the process aims to  identify lapses and improve future medical practices, ensuring higher quality care and patient safety
 

Forensic Medicine deals with applying medical knowledge in the administration of justice,    bridging medical science with the law. The professions of forensic medicine and criminal   investigation are increasingly utilizing the cutting-edge technology known as artificial   intelligence (AI). It is used by forensic pathologists to establish the identity of an unknown  person, estimate the age of injuries, primarily bruises, detect and analyze trace evidence, etc.  It is very convenient to store, analyze, and transmit massive data within a very short time. This new technology is also helpful in conducting non-invasive autopsy by using various  technologies such as Sonography, CT scans, MRIs, 3D surface scanning, etc. Detection and  analysis of many trace evidence can be carried out by using AI. It is also very convenient to  reconstruct the crime scene by creating video animation. However, as of now, its use is minimal  and at a nascent stage. Moreover, it is not legally acceptable in a court of law.  

Background: Motorised two wheeler accidents cause a great deal of morbidity and mortality.    The demographics of the same including the factors involved helps to identify the risks  involved. This can help in policy making in order to save lives.
Methods: A study was conducted during the period 2011 to 2013 after obtaining ethical  clearance from the institutional ethics committee. The demographics of driver and pillion  riders involved in fatal cases of motorised two wheelers were collected in a prospective autopsy  based study in the Department of Forensic Medicine. The data collected included incidence    rate of two wheeler accidents compared to total number of road traffic accidents, sex ratio, age  pattern, day wise distribution, time of occurrence and vehicles collided. Conclusion: Out of a total number of 84 autopsies on road traffic accident cases, 37 cases
were that of two wheeler accidents. Male predominance pattern was seen in drivers and pillion riders. Drivers were more affected. Age wise the highest number was in the range of 21 to 30 years. Day wise drivers were more affected on Saturday and pillion rider on Monday. Time wise   majority of cases were during 12pm to 8pm duration. Vehic les with gear had more incidence.
Majority of fatalities occurred on the spot. Most of the vehicles collided with heavy vehicles.
 

Death during surgery on the operation table as well as the Death in Legal custody, is a   profoundly serious event with extensive ramifications. Both are seen with suspicion of  negligence at some level and require audit & introspection and in some cases police investigation. Comprehensive guidelines to reduce such instances and proper handling of the situation when  it occurs have been prepared. Such preventive strategies and their proper compliance will be  useful in mitigating avoidable suffering and miscarriage of justice.
 

Women have historically battled for their standing and rights in society. They have been   fighting for equality for a long time in order to lead lifestyles that are exactly like those of men.   Even after independence, they are still at odds. In the current context, a lot of women continue  to struggle with these problems. In Indian culture, women are regarded as goddesses. But   the challenges they face only serve to illustrate the opposite of this notion. People treat them   cruelly and hold less respect for women, yet on the one hand, they revere them as goddesses.  It is common for women to experience marginalization and exclusion due to sociocultural,
socioeconomic, and political factors. Social structures and patriarchal norms ultimately control   the process of empowerment and resource access. Deprivation of the fundamental legal right to   engage in socioeconomic activities; prohibitions on working outside the home; lack of education  and skills; incorrect interpretations and realizations of personal restrictions; shame related to
women's sexual orientation; and household chores. From ancient times to the present, women's   roles have had various ups and downs. Many factors, including economic dependence, caste  restrictions, religious prohibitions, lack of leadership abilities, male-dominated society, dowry   practices, trafficking in girls, prostitution, domestic violence, and sexual harassment, continue
to contribute to women's dissatisfaction with their participation in society today. The paper  will explore the plight of women in the society and within the household. Various policies and   Government schemes will also be discussed in this paper.