you know, in the past the MCI submitted to the APEX COURT an affidavit ,stating that every doctor must oblige to deliver emergency medicare in all cases irrespective of medicolegality -".
Basing on this affidavit in 1989,the supreme court ordered directions in Parmanand Katara case.
the expert comments: by Dr M C Gupta (Advocate) MD (Medicine), LLM "Health and Medico-legal Consultant, New DelhiClinical Establishments Act, 2010, which aims at regulating clinical establishments. However, the government and the parliament made a mockery of this Act by imposing upon all private clinics and nursing homes a statutory duty to treat all emergency patients free of cost in contravention of the report of the Law Commission submitted as ‘201st Report On Emergency Medical Care To Victims Of Accidents And During Emergency Medical Condition And Women Under Labour (Draft Model Law Annexed), August 2006,” which contained detailed provisions for creating a state funded compensatory mechanism for compensating the medical profession for providing such statutorily mandated services".
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