Dr Shri Gopal Kabra

Dr Shri Gopal Kabra

Member since: July 8, 2023
Total live articles: 16

Recent Articles by Dr Shri Gopal Kabra

Lawless Provision Sec 106(1) Of The Bhartiya Nyaya Sanhita: An Artificial Int...

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Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless law" is a term used to describe a law that, despite being enacted, fails to uphold the principles of j...

Lawless Application Of Medical Negligence Laws: Jinxed Jurisprudence

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"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so m...

Plight Of A Lady After Artificial Insemination: Ethic-Legal Dillema

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Q. A woman is treated for infertility by a doctor claiming to be a specialist in `reproductive medicine' and 'infertility'. The husband of the patient is diagnosed to be azoospermia (no sperms ...

Ethical Dilemma and AI Debate: Parents Default on Hospital Bill for Children ...

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Children on therapeutic ventilation in a fee-for-service hospital. Parents default in paying the mounting bill. An ethical dilemma. AI debate. Q. Cases Of Children On Ventilators In the Intensi...

Triage For Admission To The Intensive Cardiac Care Unit Of A Government Hospi...

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Q. The doctor in–charge of admission to the Intensive Cardiac Care Unit (ICCU) has just learnt that a bed in the unit has fallen vacant. He has information of three cases waiting for admission. ...

Adjudicating Medical Negligence under the Codified and the Uncodified Law: In...

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Medical act of providing treatment by a licensed medical practitioner can never be a criminal act. To presume the same is inherently incongruous. Q. Medical negligence is adjudicated under: ...

Emerging Medico-Legal Expertise In The Country: National Medical Council Shou...

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Q. For an ordinary person negligence is causing harm to a person or property of another by breach of duty not to cause harm. Medical negligence is causing harm by breach of his duty to care, th...

Munchausen Syndrome by Proxy: Factitious Disorder Imposed by Another A Case ...

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Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, ...

Statutory Interpretation Of Consumer Protection Act 2019: Professions, Legal ...

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Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of 'literal construction' in the overall 'context of scheme...

Medical Negligence Is An Offence That Needs To Be Adjudicated Per Exceptions/...

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Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions. Exceptions provide a licensed physician exemption from any liability Causing bodily harm/in...

Good Faith Exemption From Criminal Liability

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Good Faith Exemption From Criminal Liability - Harm Resulting From Medical Treatment Is No OffenceThe Bhartiya Nayay Sanhita 2023 replaces the Indian Penal Code 1860. The basic shift, per the m...

Consumer Protection Act: An Activist Judge ‘Revolutionizes’! Pat...

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Lamhe ne khata ki thi, sadiyon ne saza paayi An activist judge on the State Consumer Forum of Rajasthan, has single handed 'revolutionized' and 'up graded' the patient treatment in private hos...

Emerging Jurisprudence Decriminalizes Medical Negligence

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Injury From Good Faith Act Of Medical Management Of A Licenced Medical Professional Is No Crime Statutory Exceptions And Exemptions In IPC (Now Bhartiya Nyaya Sanhita) The Honorable Supreme C...

Supreme Injustice Res Ipsa Loquitur: The Thing Speaks For Itself

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"No man's opinions are better than his information" -- Paul Getty "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge."-- Daniel J. Boorstin In ...

Terminal Patient: A Legal myth A Medical Dilemma

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A patient to be legally recognized as terminal should meet the following criteria: Should be suffering from a disease that has no curative treatment available The disease is irreversible ...

Good Faith Exemption From Negligence Liability

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Mutual good faith is a basic ingredient of the patient-doctor relationship Frivolous negligence claims and perverse medical negligence judgments based on ill-applied legal fiction without coge...

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Popular Articles by Dr Shri Gopal Kabra

Statutory Interpretation Of Consumer Pro...

Titile

Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpr...

Lawless Application Of Medical Negligenc...

Titile

"There's no way to rule innocent men. The only power any government has is the power to cr...

Lawless Provision Sec 106(1) Of The Bhar...

Titile

Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless la...

Emerging Jurisprudence Decriminalizes Me...

Titile

Injury From Good Faith Act Of Medical Management Of A Licenced Medical Professional Is No Crime...

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