Dhingra P.S.'s Expert Profile

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OP Pandya says : Medical Negligence : Delivery in service
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. Like 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 didnot 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. As per Consumer Definition : ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes; Though there are other section which can be applied, like Sec 176, IPC— Omission to give notice or information to public servant by person legally bound to give it. 197 IPC : Issuing False Certificate Sec 191 IPC—Giving false evidence Sec 201 IPC—Causing disappearance of evidence of offence, or giving false information to screen offenders . Sec 201 IPC : fails to discharge his duty Sec 354 IPC : female attendant should be present 191 IPC : Ill Will Sec 319 IPC—Hurt. Sec 320 IPC—Grievous hurt. Sec 39 Cr. P.C—Every person, aware of the commission of or of the intention of any other person to commit any offence is punishable under I.P.C. shall forthwith give information to the nearest magistrate of police officer of such commission or intention. But my concern and wish is to bring Medical Officer & hospital in the purview of consumer court, to be held responsible in damage to my career, my life, mental agony. I searched Net and know that this case could be one of its kind where consumer is not direct but indirect and hurts badly then the original consumer of medical certificate. Make an example from such case that in this country no more FALSE certificate will issued that can cause hurt to other. Likewise this case can be basis for other 498A false cases filed on such grounds. Thanks & Regards

ghanshyam says : tax
hello sir i have an information about blk money so i will know about the how much commission i get if i give a information to it department

Anjani says : Cheating & Fraud
I'm a CEO of a company and a well educated professional. I was in relationship with a man for 6 years. We did not meet frequently but we were constantly on the phone. Sometimes to an extent of 13-14 calls a day. We did have a physical relationship though not proper intercourse. After 6 years i discovered that he is a married man. He has a wife who is illeterate and he comes from a fuedal set up and is torn between his children and me. He lacks guts to take initiative of divorcing his wife. This has distressed me emotionally to an extent that i feed like committing sucide. What legal action can i take and is it punishable. AT

Kailash says : Gratuity Eligibility
I want to know whether i am eligible for gratuity or not. Joined ina n organization on 1st July 2008 and was relieved on 10th June,2013. In between due to fracture i was on leave for three months. Kindly advise whether i am eligible. awaiting your valuable guidance. Thank you

Shobhna says : Distribution Of Property after Mothers Death
Dear Sir/Madam, My grandmother (naani) expired on 27th June 2013, which was very sudden. We were all shocked by this news. My mom and mama are the only childrens of my grand mother. She owns a flat in Belapur and also a bunglow at Kharghar which is G+2. We never thought of distributing her property but my mama's behaviour post nani's death has changed our mind. He is behaving rude and always saying that "I AM THE ONLY SON AND WHATEVER PROPERTY AND OTHER BELONGINGS OF MY MOTHER IS ALL MINE". He is calling up my mother since 2 days at night 11pm after being fully drunk and talking about property that it is all his. My nani had removed my mama out of her house some 10-12years back because of the fight between my (unty) maami and uncle (mama) with grand mother (naani). He used to come home all drunk and create scenes. Since then he was staying in a rented house till today. Now he is planning to shift in my grand mother house from 1st July 2013. He never took care of her. Whatever property my grandmother has made is because of her hard word. She worked abroad. She worked as a care taker in Dubai for more than 25 years. She was not dependent on anybody. Whatever she earned she used to get gifts for us and invest in property. Now, we need some advice as to what can be done. What is the procedure now or step my mom should take for equal distribution of property between my mom and uncle (mama). Is the daughter not liable to have equal share in her mothers property??? Please help us out..... Thanks & Regards

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