1 Chapter 3 Medical, Legal, And Ethical Issues 2: Fill & Download for Free

I don't think you will have much trouble and you did the right thing by calling up the emergency number. A few years ago, I called up the emergency number to report a hit-and-run incident where a motorbiker was left to die in the middle of a highway. The cops redirected me to a couple of numbers. While they were inefficient, they never put me in any trouble.Under the present government, India has relaxed the rules to make it much easier to help accident victims without being hassled or questioned a lot by the police. Want to help accident victims but scared of the law? Fear no moreHere are some things to understand:If you are not an eyewitness, the new guidelines make it clear that you can get away without any questioning.If you are an eyewitness, you might get minimal questions [usually not more than once over phone], but it might happen anyway whether you called up 100 or not.See the recent guidelines from the Ministry of Home Affairs:On the recommendations of a court-appointed panel, the Ministry of Home Affairs (MHA) has issued following guidelines for protection of Good Samaritans:1. If a person, who is not an eyewitness, moves an injured person to the nearest hospital, he or she should not be questioned and be allowed to leave immediately.2. Good Samaritans should be exempted from civil and criminal liability, except in case of malafides.3. Those who inform the police or emergency services about a person lying injured on the road should not be forced to reveal their identity and personal details.4. Personal information such as name and contact details of those who come forward for the help of road crash victims will be voluntary and optional, including in the Medico Legal Case (MLC) forms provided by hospitals.5. In case a person, who has voluntarily stated that he or she is an eye witness to the accident is required to be questioned for the purpose of investigation but the questioning will take only once. Standard operating procedures will be developed in 60 days to ensure that the rescuer is not harassed, intimidated or hassled by the police or courts.Technology, such as video conferencing, should be used to examine a witness.6. All registered public and private hospitals cannot detain or demand money for registration and admission of the injured unless the person who has brought the victim is his or her relative. The injured should be provided necessary treatment without delay.All hospitals designate a minimum of 2 percent of its annual profits towards free treatment on injured.7. Lack of response by a doctor in an emergency situation pertaining to road accidents, where he may be reasonably expected to provide care, shall constitute “professional misconduct” under chapter 7 of the Code of Ethics Regulations, 2002 of the Medical Council of India. Suitable disciplinary action will be taken as per the norms of Chapter 8 of the said regulations.8. All public and private hospitals will implement these directions within a period of 60 days from the date when these directions are issued. In case of non-compliance or violation of the directions within the time prescribed, the licenses issued to operate these hospitals shall stand revoked.

No one wants to get involved, coz everyone has 'their own lives and problems'. This is the one big problem. And everybody who can get money out of this, will do whatever they can, all for money.The Good Samaritan Protocol is below.Source: Vedant Sonkhiya, Undergraduate StudentNOTIFICATIONNew Delhi, the 12th May, 2015No. 25035/101/2014-RS.—Whereas the Hon'ble Supreme Court in the case of Savelife Foundation and another V/s. Union Of India and another in Writ Petition (Civil) No. 235 of 2012 vide its order dated 29th October, 2014, interalia, directed the Central Government to issue necessary directions with regard to the protection of Good Samaritans until appropriate legislation is made by the Union Legislature;And whereas, the Central Government considers it necessary to protect the Good Samaritans from harassment on the actions being taken by them to save the life of the road accident victims and, therefore, the Central Government hereby issues the following guidelines to be followed by hospitals, police and all other authorities for the protection of Good Samaritans, namely:-1. (1) A bystander or good Samaritan including an eyewitness of a road accident may take an injured person to the nearest hospital, and the bystander or good Samaritan should be allowed to leave immediately except after furnishing address by the eyewitness only and no question shall be asked to such bystander orgood Samaritan.(2) The bystander or good Samaritan shall be suitably rewarded or compensated to encourage other citizens to come forward to help the road accident victims by the authorities in the manner as may be specified by the State Governments.(3) The bystander or good Samaritan shall not be liable for any civil and criminal liability.(4) A bystander or good Samaritan, who makes a phone call to inform the police or emergency services for the person lying injured on the road, shall not be compelled to reveal his name and personal details on the phone or in person.(5) The disclosure of personal information, such as name and contact details of the good Samaritan shall be made voluntary and optional including in the Medico Legal Case (MLC) Form provided by hospitals.(6) The disciplinary or departmental action shall be initiated by the Government concerned against public officials who coerce or intimidate a bystander or good Samaritan for revealing his name or personal details.(7) In case a bystander or good Samaritan, who has voluntarily stated that he is also an eye-witness to the accident and is required to be examined for the purposes of investigation by the police or during the trial, such bystander or good Samaritan shall be examined on a single occasion and the State Government shall develop standard operating procedures to ensure that bystander or good Samaritan is not harassed orintimidated.(8) The methods of examination may either be by way of a commission under section 284, of the Code of Criminal Procedure 1973 or formally on affidavit as per section 296, of the said Code and Standard Operating Procedures shall be developed within a period of thirty days from the date when this notification is issued.(9) Video conferencing may be used extensively during examination of bystander or good Samaritan including the persons referred to in guideline (1) above,who are eye witnesses in order to prevent harassment and inconvenience to good Samaritans.(10) The Ministry of Health and Family Welfare shall issue guidelines stating that all registered public and private hospitals are not to detain bystander or good Samaritan or demand payment for registration and admission costs, unless the good Samaritan is a family member or relative of the injured and the injured is to be treated immediately in pursuance of the order of the Hon’ble Supreme Court in Pt. Parmanand Katara vsUnion of India & Ors [1989] 4 SCC 286.(11) Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute “Professional Misconduct”, under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be takenagainst such doctor under Chapter 8 of the said Regulations.(12) All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1] territory at their entrance to the effect that they shall not detain bystander or good Samaritan or ask depositing money from them for the treatment of a victim.(13) In case a bystander or good Samaritan so desires, the hospital shall provide an acknowledgement to such good Samaritan, confirming that an injured person was brought to the hospital and the time and place of such occurrence and the acknowledgement may be prepared in a standard format by the State Government anddisseminated to all hospitals in the State for incentivising the bystander or good Samaritan as deemed fit by the State Government.(14) All public and private hospitals shall implement these guidelines immediately and in case of noncompliance or violation of these guidelines appropriate action shall be taken by the concerned authorities.(15) A letter containing these guidelines shall be issued by the Central Government and the State Government to all Hospitals and Institutes under their respective jurisdiction, enclosing a Gazette copy of this notification and ensure compliance and the Ministry of Health and Family Welfare and Ministry of Road Transport andHighways shall publish advertisements in all national and one regional newspaper including electronic media informing the general public of these guidelines.2. The above guidelines in relation to protection of bystander or good Samaritan are without prejudice to the liability of the driver of a motor vehicle in the road accident, as specified undersection 134 of the MotorVehicles Act, 1988 (59 of 1988).SANJAY BANDOPADHYAYA, Jt. Secy.

The treatment of soldiers was first formalized with the original Geneva convention from its roots in common international law. Since the initial Geneva convention there has been 4 major revisions and expansions of these treaties. referred to as Geneva Conventions I,II,II,IV. Additionally, other treaties expanded upon these principlesGeneva ConventionArticle 12Under Part II, Article 12 of the Geneva Convention, prisoners of war are considered to be the captives of the enemy power, not the individuals or military units who actually take them into custody. As a result, the government of the enemy power, and not the individuals or military units are responsible for these prisoners' treatment. This prevents authorities from turning a blind eye to the actions of their soldiers and makes them directly responsible for the treatment of prisoners of war.Moreover, if the enemy power intends to transfer custody of the prisoner, it may only do so to another Geneva Convention signee, and only after it is satisfied that the other country intends to apply ethical treatment under the Geneva Convention. If it fails to do so, the original enemy power can still be held liable.Article 13Under Part 2, Article 13 prisoners of war must always be humanely treated. Any unlawful act or omission causing death or seriously endangering the health of a prisoner of war is prohibited, and constitutes a serious breach of the Geneva Convention. This means that no prisoner of war may be subjected to torture, such as physical mutilation, or to medical or scientific experimentation of any kind that is not in the prisoner's best interests. Similarly, prisoners of war are protected against reprisals for acts of their government (i.e., killing hostages in retaliation), as well as any other acts of violence, intimidation, or public humiliation or insults.Prisoners of War LawABA - Section of Individual Rights and ResponsibilitiesCreated in 1966, the Section of Individual Rights and Responsibilities provides leadership within the ABA and the legal profession in protecting and advancing human rights, civil liberties, and social justice. The Section fulfills this role by 1) raising and addressing often complex and difficult civil rights and civil liberties issues in a changing and diverse society, and 2) ensuring that protection of individual rights remains a focus of legal and policy decisions.Code of Conduct - United States Prisoners of WarYour obligations as a US citizen and a member of the Armed Forces result from the traditional values that underlie the American experience as a nation. These values are best expressed in the US Constitution and Bill of Rights, which you have sworn to uphold and defend. You would have these obligations—to your country, your Service and unit, and your fellow Americans—even if the Code of Conduct had never been formulated as a high standard of general behavior.Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention)The Convention was adopted by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held at Geneva from 21 April to 12 August 1949. It was signed on 12 August 1949.Optional Protocol to the Convention against Torture (OPCAT)The UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) is one of the United Nations mechanisms directed to the prevention of torture and other forms of ill-treatment. It started its work in February 2007. The OPCAT gives the SPT the right to visit all places of detention in those States and examine the treatment of people held there.Prisoners of War and Detainees Overview - International Committee of the Red CrossThe third Geneva Convention provides a wide range of protection for prisoners of war. It defines their rights and sets down detailed rules for their treatment and eventual release. International humanitarian law (IHL) also protects other persons deprived of liberty as a result of armed conflict.Uniform Code of Military JusticeThe Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."United Nations - Geneva Convention and the Treatment of Prisoners of WarAlthough one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.LOAC (law of Armed Conflict / Law of WAR)[1]https://www.hg.org/prisoners-of-war.htmlProsecution for violating the laws is the responsibility of the state who’s soldiers or citizens committed the crimes. Where states cannot or will not take action, the international court established in 2002 takes over. This is true whether a country is a signatory of these treaties or not as directed by the UN security council.The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.[2]Summary: Basic rules of international humanitarian law in armed conflicts1. Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction.2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.3. The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross or the red crescent is the sign of such protection and must be respected.4. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.5. Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.6. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.7. Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the object of attack. Attacks shall be directed solely against military objectives.https://www.icrc.org/eng/assets/files/other/icrc_002_0365.pdfFootnotes[1] https://www.hg.org/prisoners-of-war.html[2] Rome Statute of the International Criminal Court - Wikipedia