• Second opinion medical

Hi sir follow up previous question what about second opinion where there is no prescription involved
Asked 4 years ago in Constitutional Law

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13 Answers

You can given second opinion after after scrutinising all medical reports of patients

2) you can suggest line of treatment to be followed

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You can give second opinion and can guide the patient based on the reports send by patient .

See something as base to give opinion shold be there either physical examination or reports or if needed both to take due care prescribed under Rules for medical practice.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There is no illegality in online medical consultation. However such consultation must not be followed up by giving any prescriptions.

In other words a general advice can be given but through online consultation no medicine can be prescribed. it is prohibited in India or in most part of the world.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

Online medical prescription is not allowed in India.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. the medical advice given mentioning about using some medicine or treatment will be considered as equal to writing prescription.

2. Be it 1st or 2nd, any medical opinion or advice without examining the patient will be treated as illegal.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The second opinion, is your choice, there is no legal impediment to render online second opinion to the already opined case.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

It is not illegal the thing can be done keeping in mind reasonable care and conduct as defined under medical practice rules.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it’s illegal, then how there are so many sites offering the same

Traditionally, the concept of a second opinion is based on certain assumptions. First, that the physician has studied the patient’s medical history and clinical findings;

In India, our medical councils have failed to contribute to the discussion, or to regulate the use of the second opinion in any way.

According to the American Medical Association’s code of medical ethics, physicians should recommend a second opinion whenever they believe it would be helpful in the patient’s care. When doing so, they should explain the reasons for their recommendation and inform their patients that they are free to choose a physician on their own or with their assistance. Patients are also free to seek second opinions on their own with or without their physician’s knowledge.

There are a number of reasons why a second opinion may be sought. Traditionally, general physicians and patients seek specialist opinion and advice with benefit, especially when the disease is uncommon or the patient’s condition serious. The patient with a hole in the heart, a brain tumour or failing kidneys will do better in the hands of specialists.

There is no law restricting second opinion through online or offline in India.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

it is not illegal to offer second opinion online

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

To the best of my knowledge they are online pharmacy.

Kindly share link of such websites to which you are referring

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

Laws in India do not provide the mechanism of providing medical services. Therefore, consultation through online means (in the absence of any rules to the contrary) is not illegal in India. However, there is an inherent risk involved in this manner of medical consultation. If a case requires physical examination and the doctor prescribes medicines without such examination then it may be deemed as an instance of negligence. Yes, there may be consumer complaints or even criminal complaints arising from the negligence depending on the gravity of it. This applies to second opinion also.

I am not sure, whether you yourself are a doctor or intend to provide a platform for the doctors. Assuming you yourself are a doctor then the first para will apply. However, if you are providing a platform then the provisions of the Information Technology Act, 2000 (“the Act”) will come into picture.

Under Section 79 of the Act a person who does not initiate a message and merely acts as a conduit for the transfer of a message is not responsible for the contents of the message or consequences thereof. This is generally called the safe harbour provisions. The entity acting as a conduit is called an intermediary.

In view of the above, if the platform is not influencing the messages between the patient or the doctor then the platform may seek refuge under Section 79 and may be absolved of the liability. The web platforms act as intermediary where they separate themselves from the doctors and the patients. Therefore, they minimize the risk of liability. However, you may note that much depends on the terms of use and the site policies governing the relations apart from the actual facts of the case.

Hope the above helps.

Regards,

Prashant Kumar
Advocate, Bangalore
15 Answers

4.0 on 5.0

Sir you need to understand that only by seeing online its difficult to prescribe any medicine, because without examining no one can know that what kind of problem is the person suffering with till the time doctor personally examines him.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

Online prescription/consultation may be valid to the extent that such prescription may be made where physical examination of the patient is not required. Further in other words second opinion may be extended on the basis of earlier prescriptions if any or symptoms of disease. Usually online medical prescription/consultation is only for limited purpose just like first aid without further liability on the physician/doctor.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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