The question (6 marks)
Dr. Meher holds a degree in homoeopathy and is enrolled on the State Register of homoeopathy. A labourer comes to her clinic with high fever. She prescribes a course of antibiotics and paracetamol without ordering any pathological test. The fever worsens, the patient is shifted to a hospital three days later and dies there. His widow consults you. Answer, with reasons: (i) Is Dr. Meher liable, and on what principle? (ii) Does it help her that an expert says the prescription itself was appropriate for the condition? (iii) Would your answer differ if she were an enrolled practitioner of Indian medicine? (6 marks)
MU Module I, varieties of the medical profession and crosspathy; 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
- Poonam Verma v Ashwin Patel
- National Medical Commission Act 2019, s. 34
- Homoeopathy Central Council Act 1973, s. 15(2) and (3)(b); National Commission for Homoeopathy Act 2020, s. 34
- Indian Medicine Central Council Act 1970, s. 17(3)(b)
- Jacob Mathew v State of Punjab
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.