Professional mis-conduct of a doctor
advocate
(Querist) 30 August 2015
This query is : Resolved
Dear Sir,
Good day...
IF a doctor of government hospital hold operation certificate (operation done by him) of a patient intentionally, only to harass patient.
1. Then what is the legal remedy in the hands of patient and his relatives to obtain the certificate.
2. Is it a professional mis-conduct.
3. Also is there any provision in law to punish doctor for such professional mis-conduct.
Please advise.
Rgds,
Munish (Chandigarh)
SAINATH DEVALLA
(Expert) 30 August 2015
U can certainly complain regarding the same to the higher officials.
MCI Regulation for Professional Misconduct by Doctors
Professional misconduct by medical practitioners is governed by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 made under Indian Medical Council (IMC) Act, 1956. Clause 6.4.1 of these regulations provides that a physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment. This provision shall apply with equal force to the referring, recommending or procuring by a physician or any person, specimen or material for diagnostic purposes or other study/ work.
Medical Council of India (MCI) and the appropriate State Medical Councils have been empowered to take disciplinary action under these regulations which may include removal altogether or for a specified period from the Medical Register the name of the delinquent registered practitioner.
As per “The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, in cases of professional misconduct, it is open to the MCI and/or State Medical Councils to consider and decide upon the facts of the case. The appropriate medical council would hold enquiry and give opportunity to the registered medical practitioner to be heard. If found guilty, it may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, the name of the delinquent registered medical practitioner from the medical register. The complaints should be decided within a period of six months. MCI is an Appellate Authority in all cases of medical negligence and malpractice by medical professionals referred to it by all State Medical Councils.
Kumar Doab
(Expert) 30 August 2015
Certainly.
However the onus to submit evidence may fall upon you, hence record (audio/visual/witnessed/minuted).
Once you have evidence it is always better.
Another view is that If the patient has paid for operation then even DCDRF can be approached and form may award heavy penalty/compensation.
Rajendra K Goyal
(Expert) 30 August 2015
Lodge complaint to higher authorities and send reminders after 10-15 days. If no action lodge complaint with the state unit of Medical Council.
Can file suit against the doctor and the hospital to order to hand over the necessary documents.
The hospital is Government, use RTI to know the reasons why the certificate was not issued till date.
