Principles of natural justice, their relevance and importance to doctors.

Abstract

Introduction In the medical curriculum, teaching of law is restricted to learning a few elementary aspects of medical jurisprudence which deal with application of scientific and medical knowledge to legal problems such as inquests. In general, medical law deals with medical negligence, consent, pregnancyrelated issues (e.g. abortion), assisted reproduction, organ donation, dying, death etc. This paper will focus on principles of natural justice, which is a key area coming under administrative law, which is distinct from medical law. Administrative law keeps the powers of the government, within their legal bounds [1]. This area of law is vital to medical practitioners in administrative inquiries in different settings. During the course of our professional lives, either as clinicians or as academics, we are called upon to hold administrative positions of varying degrees of responsibility be it as an institution head, department head, ward consultant or postgraduate trainer. These may be in different settings; Hospitals, Department of Health, Universities and the Medical Council. In the course of discharge of these duties, we invariably get involved in the conduct of hearings on disciplinary matters and other purported inappropriate conducts of those serving under our administration. The ‘errant’ medical student, the ‘difficult’ registrar or the ‘troublesome’ junior colleague in the department are experiences many of us have faced. On the other hand, we ourselves may be the subject of an inquiry. Some institutions may have procedures for inquiries laid down whilst some others may not have. Whilst complying with institutional and statutorily defined procedures, the person who holds administrative authority is expected to adhere to principles of natural justice. No institution cannot conduct an inquiry in an ad hoc or an arbitrary fashion without following these basic tenets of administrative law. Even when institutional procedures are clearly laid down, if they are at variance with tenets of administrative law and principles of natural justice, the institutional procedures will not be valid if challenged in a court of law by an aggrieved party. Ceylon Medical Journal 2021; 66: 59-62 Principles of natural justice, their relevance and importance to doctors