The question (6 marks)
A single doctor runs a six-bed nursing home in a State which has adopted the central law on clinical establishments. She has never applied for registration. At midnight a man with severe crush injuries is brought in by passers-by. The doctor on duty says the nursing home has no orthopaedic surgeon and that in any event it is a police case, and turns him away; he dies while being carried to the district hospital. Answer, with reasons: (i) What liability arises from the failure to register? (ii) Was the refusal to treat lawful, given that the nursing home genuinely lacked the specialist? (6 marks)
MU Module I, clinical establishments and emergency care; pack ch. 01.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Right to Health and the Medical Profession of Law and Medicine.
Authorities you will need
- Clinical Establishments (Registration and Regulation) Act 2010, ss. 1(2), 2(c), 11, 12(1), 12(2), 14, 28 and 41
- Pt. Parmanand Katara v Union of India
- Motor Vehicles Act 1988, s. 134(a)
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, duty to respond in an emergency
- Paschim Banga Khet Mazdoor Samity v State of West Bengal
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.