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This section focuses on the following aspects.
a. Categories
b. Structure
c. Starting nursing home
d. Personnel
e. Legal liability
f. Protocols

'Health care establishment' involves the following categories. They are, hospitals, nursing homes, health care centres,clinical laboratories, blood banks, polyclinics etc. 

Similarly, hospitals, as an expression, from the structure, point of view,include government hospitals, charitable hospitals, public sector undertaking hospitals, private hospitals, nursing homes etc.
If we extend further, the structure (meaning thereby the nature and/or character indicating the control or property interest) of nursing homes or private hospitals may cover the following forms, namely, sole proprietorship, partnership, company (could be private company, public company and a company for charitable purpose), society, trust or may even be part of corporation itself like a health care centre in a public sector undertaking.

Legal aspects relating to medical establishments, at the outset, take within its fold the nature and extent of legal formalities that are mandated to be complied with, whenever a private medical establishment is to be started. By and large, personnel in any kind of medical establishment, include, doctors as employees, nurses or health professionals as employees, doctors as consultants, nurses as trainees, junior staff, technicians and
administrative staff.

In the backdrop of this, legal liability can be either constitutional, criminal, civil, contractual or consumer law based. Similarly, the liability on the part of medical establishment can be either primary or vicarious, in the sense that the hospital can be subjected to civil liability for the acts of its employees.

Generally, the grounds of liability range from medical negligence, consent,informed consent, confidentiality, emergency care to any form of statutory liability. At this juncture, it is necessary to note, of late, the parliament has enacted different legistations envisaging regulation of medical establishments. For instance, they include, Transplantation of Human Organs Act, 1994, Mental Health Act, 1987.

Similarly, in the same wavelength, specific legal framework applicable to blood banks require detailed analysis.

Health care and product
At the outset, it is necessary to clarify the meaning, scope and ambit of he word ‘product’.

As such product could be any kind of substance which is used for the purpose of health care delivery.

In the context of heath care, hence, product means and includes, any kind or combination of pharmaceutical substances, any substance or object or a thing, which is implanted in the body, any substance that is projected as a necessary consumable or applicative item.

Naturally, relevant legal information revolves around the quality of
product, depending upon the legal relationship the person or institution manufacturing or structuring or making or offering such product, medical and health professional, the person sold, establishment which is used or implanted etc. 

Healthcare professional and the law
In popular parlance, medical doctors (covering all the systems of
medicines), dentists, veterinary doctors, pharmacists and nurses are considered as healthcare professionals. Individually and depending upon the nature of legal relationship they create or enter with their institutions or individual patients or persons, applicable pertinent legal principles can be identified. By and large, legal principles pertaining to professional conduct focus on the following aspects: 
1. Medical Negligence
2. Medical Malpractice
3. Consent and Informed Consent 
4. Confidentiality 
5. Statutory Obligations. 

Specifically, ‘statutory obligations’ require further clarification. That’s how, judicial interpretation and decisions become the source of law. 












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