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Indian Journal of Legal Medicine

Volume  6, Issue 1, Jan-June 2025, Pages 29-39
 

Review Article

Laws-in-Medicine and Laws-as-Medicine: A Critical Analysis of Judicial Overreach in Medical Negligence Cases

Shri Gopal Kabra1, Vivekanshu Verma2

1 Director Legal Affairs and Medical Audit, SDMH, Jaipur-302015, Rajasthan, India.  2 Associate Consultant, The Medicity, Sector-38, Gurugram-122001, India.

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DOI: 10.21088/ijlm.2348.9987.6125.3

Abstract

Background: The debate between “laws-in-medicine” and “laws-as-medicine” is crucial in understanding the intersection of legal and medical professions, particularly in cases of medical negligence. While medical professionals focus on bedside medicine, judicial officers are tasked with applying the law. The distinction between these two concepts is essential to ensure that both professions operate within their respective jurisdictions without overstepping boundaries. Aim: To define, differentiate, and elaborate on the concepts of “laws-in-medicine” and “laws-as-medicine” and to explore their implications in the context of medical negligence cases.  Objectives:  • To clarify the definitions and differences between “laws-in-medicine” and “lawsas-medicine.” • To examine the role of judges in medical negligence cases and whether they overstep their jurisdiction by making medical judgments. • To discuss the implications of judicial immunity and statutory immunity for medical professionals. • To explore the mechanisms for addressing judicial overreach and ensuring equitable application of the law. Material: The analysis is based on a detailed discussion of the concepts of “lawsin-medicine” and “laws-as-medicine,” supported by examples from medical negligence cases. The discussion also considers the legal frameworks governing medical practice, such as the Indian Medical Council Act, the Indian Penal Code, and the Code of Criminal Procedure.  1. Laws-in-Medicinerefers to legal principles governing medical practice, including medical jurisprudence, ethical conduct, and professional responsibilities.Conclusion: The distinction between “laws-in-medicine” and “laws-as-medicine” is vital in maintaining the integrity of both the legal and medical professions. The lawmakers must respect the boundaries of their expertise and rely on medical experts to provide context in medical negligence cases. Ensuring equitable application of the law requires balancing judicial immunity with the statutory protections afforded to medical professionals.
 


Keywords : • Laws-in-Medicine • Laws-as-Medicine • Medical Negligence • Judicial Overreach • Statutory Immunity • Judicial Immunity • Public Health • Medical Jurisprudence
Corresponding Author : Shri Gopal Kabra,