Medico-Legal Update

Amrita Mishra ¹, Amruta Das ²

Affiliations
1 Assistant Professor, Faculty of Legal Studies, Shiksha ‘O’ Anusandhan University, Bhubaneshwar, Odisha, IN
2 Assistant Professor, Faculty of Legal Studies, Shiksha ‘O’ Anusandhan University, Bhubaneshwar, Odisha, IN

Abstract

Endorsement being seen as a platform for presentation of traits and performances of a product, it draws an analogy with ‘invitation to offer’ with the product or service voicing their presence via celebrity personalities attracting attention. Though the case of Donoghue v. Stevenson remains the original precedent on manufacturer’s negligence and absence of any contractual obligations to the consumer making him responsible towards the ultimate beneficiary, the ratio and obiter should be analysed in sharing a lookalike obligation on endorsers for injury ensuing from use of such product or service. Since the debate of Nestles’ Maggi brand, there has been a look out at the existing liability regime for the celebrity endorsers of such products. In the wake of flooding consumables in the free competitive market, falsification of critical data, misleading and non-obvious statements and superficial promising results often prejudice consumers’ choice as well as preference, thereby affecting their rights to claim for healthy, consumer friendly products and income justified and habit of consumerism. Moreover, being a ‘ideal’ ‘God like’ and ‘larger than life’ figure to common man, personalities from entertainment, sports and other popular industry invite a stricter interpretation on their ‘responsibility quotient’ because of the edge over other professional advertisements in terms of greater credibility and trust.

Keywords

Endorsement, Misleading advertisements, Due diligence, Consumerism, Customers, Celebrities

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Amruta Das ¹, Amrita Mishra ¹

Affiliations
1 Assistant Professor, Faculty of Legal Studies, Shiksha ‘O’ Anusandhan University, Bhubaneshwar, Odisha, IN

Abstract

Unlawful attacks on sexuality perpetuated by intolerance of the binary sex poses a serious concern on the honour and reputation of a transgender person being an ‘individual’ making the minority vulnerable with poor physical and mental health. Being a person with diverse sexual expression is no limitation to enjoy basic inalienable rights being a ‘human’ suppressing sexual orientation and identity is an arbitrary denial of right to love with dignity. Streets taking up ‘pride parade’ movements confronting the Governments demanding progressive laws against discrimination, harassment and degrading treatment, recognition of their constitutional fundamental and basic human rights still remain far from reality. International commitments drafted at Conventions remain non-functional because most of the legal systems defend a stigmatised religious attitude and intolerance of culture. However, regardless of variation in customs, culture or societal norm, it is obligated on countries to secure freedom of expression of LGBTQ for an inclusive society. Homosexualities in sports and athletes have shown apologetic and disheartening incidents of voyeurism, trauma and humiliation. The alleged sex controversy of 2012 involving the Asian Games gold winner Pinki Pramanik (Indian Athlete) raised disturbing questions on a person’s anatomical features, right to privacy of body, standards of morality when she was mistreated and lodged in a male prison on accusations of raping her live-in-partner. This paper is an attempt to bring out the perspective of world community on personhood and human rights of the LGBTQ/transgender community.

Keywords

LGBTQ, Identity, Equality, Gender, Discrimination

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Hiranmaya Nanda ¹, Amruta Das ¹

Affiliations
1 Assistant Professor, Faculty of Legal Studies, Siksha ‘O’ Anusandhan University, Bhubaneswar, Odisha, IN

Abstract

Expectation of a reasonable degree of care is the foundation for alleging a breach of duty. In the wake of recognition of ‘right to health’ as a fundamental right declared universally. Moreover, the era of consumerism has dug deep into the medical profession making consumers aware of their lawful demands and rights making it a weapon in their hands for civil proceeding for tortuous or criminal prosecution for disregard and for lack in service in the consumer courts. The doctor-patient relationship stands on trust and faith. With the life expectancy being increased for technological and advancement in the medical science, no disease seems to be untreatable and challenged. However, concerns are their professional competence, compliance to therapeutic and laboratory standards of MCI on equipments and facilities, Wrong prescriptions, overdoses and non expertise, improperly equipped hospitals and on specific still continue raise agitations amongst the patients and relatives. Given all the justified reasons, often it becomes very difficult to sustain a claim for all the economic and non economic damages.

Keywords

medical malpractice, negligence, physician

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