Mr. OP Pandya writes to us on from his email email@example.com in September, 2013
I need legal advice on following case.
Can I file consumer complaint based on following facts?
1. False Medical certificate issued.
2. Based on it 498A, 323 and 406 case filed.
3. From RTI application came to know that no procedure followed in issuing medical certificate.
a)A medico-legal case is a case of injury/ illness where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential to establish and fix responsibility for the case in accordance with the law of the land.
Medical Officer or hospital , issued medical certificate did not informed law enforcement agencies
b)A medico-legal report is one, which is prepared for the purpose of litigation – imminent or prospective
1. Request by the patient or the persons accompanying, not to register a medico-legal case, should not be acceded to, by the medical practitioner. He should use his judgment and experience. If he/she thinks that the case needs to be reported to the police, he should do so without fail and without any delay. Not informing the police of such cases may invite trouble to the doctor u/s 39 CrPC [Criminal Procedure Code (cases wherein public is duty-bound to inform the police)] and S.177 & 201, IPC [Indian Penal Code (giving false information & causing disappearance of evidence)].
Medical Officer did not follow the procedure and did not inform police.
c)According to the Hon’ble Supreme Court, “whenever any medico-legal case comes to the hospital, the medical officer on duty should inform the Duty Constable, giving the name, age, sex of the patient and the place of occurrence of the incident and should start the treatment of the patient. It will be the duty of the said Constable to inform the nearest concerned police station or higher police functionaries for further action”.
No procedure followed by Medical Officer or hospital.
d)Every big hospital usually has either a police post at the casualty or has a police official posted there for medico-legal cases. Police should also be informed regarding the discharge/ death of the said patient in the Casualty/ any other department of the hospital
No procedure followed regarding discharge.
e)Whenever examining a woman, it is preferable that a lady doctor should examine her, or, wherever this is not possible, a female disinterested attendant (nurse, etc) should be present during the examination
It was not examined by female disinterested attendant.
f)A doctor is required to keep secret all information regarding the patient that he comes across during the course of his treatment. Medico-legal reports are no exception and are to be treated as strictly confidential. They should not be issued directly to the patient. They have to be handed over to the police official, after getting them duly received on the carbon copy of the same. Copies of the MLR can be handed over to the patient/ his relatives, as per the prevailing rules of the doctor’s hospital, and after the requisite fee has been paid by the patient
Medical certificate issued directly to her.
g)While discharging or referring the patient, care should be taken to see that patient receives the Discharge Card/Referral Letter, complete with the summary of admission, the treatment given in the hospital and the instructions to the patient to be followed after discharge. Failure to do so renders the doctor liable for “negligence” and “deficiency of service”. In N. K. Kohli v Bajaj Nursing Home, the Madhya Pradesh State Consumer Disputes Redressal Commission said that “issuance of the discharge certificate is the mandatory duty of the treating doctor and the Nursing Home/ Hospital and the non-issuance of the same amounts to grave negligence and deficiency (in service) on the part of the doctor and the hospital”.
No discharge card.
4. I am indirect consumer of medical certificate as case gets filed taking basis of medical certificate. I have all documentary evidence.
5. Supreme Court says that 498A is “legal terrorism”.
6. To stop such false cases action should be taken against doctor in delivering negligence.
7. When I say False certificate, it means there is no documentary evidence other that MLR. There is no history taken by doctor. There is no self-written or signed application received by Medical Officer for MLR. There is no procedure followed by Medical Officer.There is no information given to law enforcement agency. Also in 498A,323 and 406 FIR, it is mentioned that violence is caused in city other than where MLR is created. There was no police complaint before MLR. Patient on its own go to hospital and medical officer created false certificate. Photos was taken by not certified photographer but by commercial photographer which raises authenticity of photos. Photographer was hired by patient. Taken all this into account how can it be trusted that MLR is authentic and not FALSE.Also there is delay of 2 days in submitting fee/charge for treatment and getting MLR, whereas if any self sufficient patient comes in government hospital outdoor receipt must be created first by paying the fee or charge and then treatment will be given if there is no emergency which is not in this case because in MLR it was written that bruises was of 3-4 days before the treatment. So what made medical officer to create MLR is such hurry without following any procedure or in other words I say by breaking all procedure.
So, taking medical negligence as basis can I file consumer complaint.
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