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DR.SHASHIKALA GURPUR Ph.D (Law) Director, Symbiosis Law School Pune DR.SANTOSH KAKADE

SYMBIOSIS INTERNATIONAL UNIVERSITY,PUNE SYMBIOSIS INSTITUTE OF HEALTH SCIENCES NATIONAL SEMINAR ON HEALTH CARE Landmark Judgements Impacting Healthcare Delivery. DR.SHASHIKALA GURPUR Ph.D (Law) Director, Symbiosis Law School Pune DR.SANTOSH KAKADE

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DR.SHASHIKALA GURPUR Ph.D (Law) Director, Symbiosis Law School Pune DR.SANTOSH KAKADE

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  1. SYMBIOSIS INTERNATIONAL UNIVERSITY,PUNE SYMBIOSIS INSTITUTE OF HEALTH SCIENCES NATIONAL SEMINAR ON HEALTH CARE Landmark Judgements Impacting Healthcare Delivery DR.SHASHIKALA GURPUR Ph.D (Law)Director, Symbiosis Law School Pune DR.SANTOSH KAKADE MS.(Surgery),D.Ortho. FICS,LLM. ACHE MBA(HM), Executive MBA (Finance), PhD Managing Director, CIILM ADV. DR. MILIND SALUNKE BHMS, LL.B

  2. Overview

  3. Concepts Healthcare Delivery: Evolution: Playing God or Captain of the Ship to contract (vinculum juris) Landmark: Impacting Anatomy of Judgements: Issues, rule, analysis, conclusion Legal Context of Landmark Judgements: PIL, Appeal

  4. Concepts contd.. Constitutional Context – Art.19(1)(g) and Art.21 in balance Ratlam (80): public health in slums • Baxi (81) right to health: Prisoners • Sarthak Registration Society (02): Mental health, echoing Ervadi • Paramanand Katara (1989): duty/obligation to treat (most impacting), preserve life: • Impact: media, public, state, medical college, hospitals, legislations, citation

  5. Concepts contd.. • Mohd. Ahmed (2013): Right to treatment • Poonam Verma (96) to Akhtar Hussain (03): practice norms • Paschim Bangal Keti Mazdoor (2000): record, COBRA Act, dumping patients • Amrit Bala Sen (05): no measures taken to reduce infection, quality to meet expectations, so, no reduction in compensation • Basavraj (2001): Mandamus on pharmacist license refused : education non-compliance • Charan Singh v.state of UP (04): closing unauthorised educational centers

  6. Civil Liability • Critical Reflections on Landmark Judgements impacting Healthcare Professionals and Patients • DR.SANTOSH KAKADE • MS.(Surgery),D.Ortho. FICS,LLM. ACHE • MBA(HM), Executive MBA (Finance), PhD • Managing Director, CIILM

  7. CRIMINAL LIABILITY: Landmark cases ADV. DR. MILIND SALUNKE • BHMS, LL.B

  8. Implications of Impact Pathways • Insurance: COBRA-USA • Record-keeping • Complexity of Legal life cycle • Medical Professionals’ liability • Future of Healthcare delivery in India • DISCUSSION

  9. Dr Shashikala Gurpur DR.SANTOSH KAKADE Dr Milind Salunke drsantoshkakade@gmail.comsgurpur@symlaw.ac.in Thank You LANDMARK JUDGEMENTS IMPACTING HEALTH CARE DELIVERY

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