Professional Misconduct, Complete Answer, FMT, 5 Marks.

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India National Medical Commission Professional Conduct Regulations professional misconduct official

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Professional Misconduct

Professional misconduct, also called infamous conduct in a professional respect, is any act or omission by a registered medical practitioner that is reasonably regarded by competent and reputable members of the profession as disgraceful or dishonourable. It represents abuse of the doctor’s professional position.
The Essentials of Forensic Medicine and Toxicology, 36th ed., p. 43.

Examples

  1. Improper conduct with a patient, including an improper personal or sexual relationship.
  2. Conviction for an offence involving moral turpitude or criminal conduct.
  3. Issuing a false, misleading, or improper medical certificate, for example for insurance, sickness benefit, passport, or court purposes.
  4. Violation of provisions relating to drugs and poisons, such as prescribing steroids or psychotropic drugs without proper medical indication, or illegally selling scheduled drugs.
  5. Giving a certificate of competence in modern medicine to an unqualified person.
  6. Advertising and canvassing for patients, using misleading claims, or improper display of signboards.
  7. Dichotomy or fee-splitting, that is, receiving or giving commission for referrals, prescriptions, investigations, drugs, or appliances.
  8. Covering: allowing an unqualified person to diagnose, treat, or operate under the doctor’s name.
  9. Unethical association with drug or equipment manufacturers, such as accepting rebates or commissions for prescribing their products.
  10. Breach of professional secrecy without lawful justification.
  11. Running an open shop for the sale of medicines or unethical commercial practice.
  12. Fraudulent registration, impersonation, or allowing misuse of one’s name and registration.
The listed acts are not exhaustive. Any conduct violating the ethical code in letter or spirit may be treated as misconduct according to the facts of the case. This principle is also reflected in the medical ethics regulations published by the NMC/MCI.

Disciplinary action

A complaint may be made by an individual or institution, or the Medical Council may act suo motu. After enquiry and giving the doctor an opportunity to be heard, the authority may:
  • Issue a warning or censure
  • Suspend practice temporarily
  • Remove the doctor’s name from the medical register permanently or for a specified period
Removal from the register is called penal erasure, sometimes termed the doctor’s “professional death sentence,” as the person loses the privileges of a registered medical practitioner.
The Essentials of Forensic Medicine and Toxicology, 36th ed., p. 43.

Asphyxia and its types.

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asphyxia types forensic medicine definition reliable source

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Asphyxia

Asphyxia is a condition in which there is interference with respiration or oxygen exchange, resulting in inadequate oxygen supply to the blood and tissues, with retention of carbon dioxide. If prolonged, it leads to unconsciousness and death.

Types of asphyxia

  1. Anoxic asphyxia
    Due to inadequate oxygen in inspired air.
    Examples: High altitude, enclosed spaces, mines, wells, and overcrowding.
  2. Anaemic asphyxia
    Oxygen is present but the blood cannot carry it adequately.
    Examples: Carbon monoxide poisoning, severe anaemia.
  3. Stagnant (circulatory) asphyxia
    Oxygenated blood is not adequately delivered to tissues due to circulatory failure.
    Examples: Heart failure, shock, thrombosis.
  4. Histotoxic asphyxia
    Tissues are unable to utilize oxygen despite its adequate delivery.
    Example: Cyanide poisoning.
  5. Mechanical asphyxia
    Respiration is mechanically prevented by obstruction of air entry or restriction of respiratory movements. It is the type of greatest medicolegal importance.
    Forms of mechanical asphyxia:
    • Hanging: Compression of neck by a ligature, with body weight acting as the constricting force.
    • Strangulation: Compression of neck by ligature, hands, or other means, without suspension.
    • Suffocation: Obstruction of air passage, including:
      • Smothering
      • Gagging
      • Choking due to foreign body
      • Drowning
      • Overlaying or confinement in a closed space
    • Traumatic asphyxia: Compression of chest and abdomen, such as in crowd crush, human pile-up, or burking.
    • Positional asphyxia: A body position prevents adequate chest expansion or ventilation.

Common signs in asphyxial deaths

  • Cyanosis
  • Petechial haemorrhages (Tardieu spots)
  • Congestion and oedema of organs
  • Dark, fluid blood
  • Right side of heart distended with dark blood; left side relatively empty
The Essentials of Forensic Medicine and Toxicology, 36th ed., p. 334.
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