CHANDRAKANT L PATEL (DOCTOR) 31 December 2010

MEDICAL NEGLIGENCE

Respected Law Experts,my wife is practisng as GYNECOLOGIST- private nursing home. Recently one incidence happens that one labour patient for delivry was admitted in hospital. later her uncle came and fight with my wife, and he take discharge against medical advise of patient. But lady relatives of patient want to stay at hospital and want to tak etreatment. What should a doctor do? If my wife denies of treatment is it negligence from her part , already her relatives had taken discharge on paper. They dont leave the hospital- what should we do??Under which medical act it is offence? Later the uncle of patient filed an ATROCITY ACT as they were belonging to ST.a false complain. We take a bail in lower court. Charge sheet to be presented in court. Suppose in future their family members want to take our treatment at our hospital and if we denie treatment due to bad experience in past - is it negligence?????Kindly clearify. DR CHANDRAKANT L PATEL

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8 Replies

V.T.Venkataram (Advocate and Consumer Activist) 31 December 2010

you please ask the nursing home authorities to issue a notice to the patient and her husband to clarify whether the patient will continue to take treatment. If not their stay tantamounts to tresspass.Only after you receive the reply, the nursing home can take further steps in the matter

N.K.Assumi (Advocate) 01 January 2011

Agreed with Venkataram.

CHANDRAKANT L PATEL (DOCTOR) 01 January 2011

rESPECTED sIR, THNXS FOR REPLY, SIR IT IS OUR PRIVATE HOSPITAL WE DONT HAVE ANY UPEER AUTHORITYS, SECOND THING WE ARE DIRECTLY FACING PATIENTS RELATIVES, also the patient is in labour and going to deliver in 2-3 hrs how can we have time to do on paper work. I want to know that the uncle has taken on paper discharge from us- takes all papers also, the female attendent of patient want to stay at our hospital still if we discharge is it medical negligence????

V.T.Venkataram (Advocate and Consumer Activist) 01 January 2011

Dear Doctor,

Paper work is as important as treatment itself. Otherwise, you may end up in mess. I can draft a letter and send it you if you give me all particulars .

A.VIVEK ADVOCATE (ADVOCATE) 01 January 2011

HAI I WISH YOU VERY HAPPY NEW YEAR . THERE IS NO MEDICAL NEGILIGENCE ON YOUR PART . YOU HAVE MENTIONED THAT SC/ST CASE HAS BEEN FILED AGAINST YOU DONT WORRY YOUR ADVOCATE WILL TAKE CARE ABOUT THE CASE THANK YOU.

SEYD SAFAYATHULLA (business) 02 January 2011

i WANT DETAIL THE CASE OF RIFAYATHULLA S/O OF SYED SHUJAYATHULLA

CASE # WP36483/2010

SEYD SAFAYATHULLA (business) 02 January 2011

I WANT DETAIL THE CASE OF RIFAYATHULLA S/O OF SYED SHUJAYATHULLA

CASE # WP36483/2010, which type of detail u want.

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CHANDRAKANT L PATEL (DOCTOR) 16 January 2011

Thank you experts for your advice. Now we have taken bail from lower court.Charge sheet prepared for atrocity act section 3(1)10. I would like to know-

1. In which court the trial will run? lower court/district sessions court or the fast track court??

2.What evidences or witness is must to produce by complainant to prove ther fir? Is it must to have non SC/ST witness to support complain??

3.What is the punishment according to law for this section??

4.How much time it will take up to judgement??

thanxs.

C L PATEL