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Hamza Abdussalam (T-C)     09 January 2012

Departmental inquiry-admissibility of medical document

Sir, An I.O rejected a request for a medical document of a patient - "requisition for laboratory investigation originated by a doctor/hospital". The charge pertains to refusal by C.O to draw blood from a patient.The rejection of document was on the grounds of breach of confidentiality between Doctor-Patient-Laboratory.The CO in his defense brief argued that he is part of the laboratory and had accessed the document while discharge of duty.The inquiry report ruled that such document shall be produced when a presiding judge of a court   orders so in a trial and is an in admisible document in a departmental proceedings. How far is it right? is there any court judgements in this context? pls advise.  



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     22 January 2012

You have not been able to illustarate all facts clearly.  I, despite expertice in disciplinary matters, decline to advise on half facts. Please intimate the details of employer. Please narrate the charge. The relevance of the document.


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