Complaint against medical facility

raju (Querist) 07 October 2024 This query is : Resolved
That an employee raised his voice against the doctor of private eye centre as he was using expired IOL and charging excess amount from the patients. The doctor due to grudge and vindictive removed terminated hom without any inquiry and also withheld his salary. The employee filed complaint against the doctor for unethical malpractice to ECHS who stated that they found no malpractice during investigation which is totally biased just to save the doctor. My query is can the ex-employee approach the court in the interest of patients and public against the doctor or any remedy.Please advise.

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An employee has raised concerns about a doctor at a private eye centre allegedly using expired IOLs and overcharging patients. After being dismissed without inquiry, the employee filed a complaint with ECHS, which found no malpractice. The employee is seeking advice on whether to pursue legal action in the interest of patients, questioning the admissibility of photocopied records and WhatsApp messages as evidence.

kavksatyanarayana (Expert) 07 October 2024
If he has sufficient evidence regarding malpractices the doctor may approach the court.

T. Kalaiselvan, Advocate (Expert) 07 October 2024
Despite the concerned controlling authorities giving a clean chit, if you are able to gather evidence to prove the alleged offences of the hosoital/ doctor, you can lodge a criminal complaint against him with the local police, medical council and if necessary to file a public interest litigation before high court.

raju (Querist) 09 October 2024
Obviously when the records are within the custody of the doctor their own private hospital they will destroy and manupute the records or alternately try other methods to influence the investigating agency. My query is if the employee gathers photocopies, whattapps message and photos of records will they can be accepted by the court. please advice in the interest of patients and public as same concerns their health and lives.

T. Kalaiselvan, Advocate (Expert) 09 October 2024
The whatsapp records and other social media evidences are no considered as primary evidence and may not be admissible in court of law.
you had been asking the same question in a different form and in different threads in the past without taking any action even though you were suggested many ideas.
It is you who have to decide

raju (Querist) 15 October 2024
whattapp message, photocopies and photo of documents can be considered for filing PIL and further the court has power to call for records from the management

T. Kalaiselvan, Advocate (Expert) 15 October 2024
The said evidences will not be considered as primary evidence hence your case may not be entertained.
It is your burden to provide substantial evidence before court and not that you can expect the court to call for the documentary evidences from the hospital.
You approached the court means, it becomes your duty to establish the facts with the support of documentary evidences to prove your case

P. Venu (Expert) 21 October 2024
Are you the whistleblower involved? If not, how are you sure that the hearsay information is truthful and trustworthy?

raju (Querist) 19 November 2024
The information is true having photocopies but original documents with the hospital

T. Kalaiselvan, Advocate (Expert) 09 February 2025
You seem to take action against the doctor to settle your personal scores.
You have been advised by many experts here about the legality but you seem not to understand any opinion but keep insisting on your own notion.
You have not even consulted any advocate in person to proceed as suggested instead you repeatedly approaching here with repeated questions.
There's no point in rendering any advice any more even if you pay for legal advice.

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