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harigopal   22 April 2015

Mou between two doctors

Dear experts

i am planning to open up my franchise clinics at a place distant from my clinic outside municipal jurisdiction.my clinic is trade mark registerd.here i am going to appoint a qualified doctor who is  responsible for clinical examination and certification of fitness for candidates.how do i go about it?.i will be providing training/guidance and marketing for the business.the practice will be on profit sharing basis after deduction of expenses.

i dont want to be liable for the negligence he has committed in carrying out the requisite medical tests and certify fitness of the candidates.he will be using my clinic name but signing authority is the appointed doctor not me.what are my liabilities in case of a dispute between the appointed doctor and the company/candidate.

please help me in drafting the mou and do i need to register/notarize the said mou to be valid in the court of law.



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 April 2015

Sir, Though its very sensitive issue but yes you can mention all the terms of the understanding .... MOU not required to be registered .... But discussion in detail is required, the information given above is not sufficient....... Because the laws on this point are complicated there days and they attract civil as well as criminal liability.... Warm Regards Kapil Chandna Adv 9899011450

AV Bagur Advocate (Advocate )     23 April 2015

This is a complicated issue and will require a specific expertise to draft such a agreement so as to make a profit and yet be free from legal complications that may arise  out of medical negligence.  There could other issues with the  Franchisee also which could come within the meaning of plain breach of contract or down right vicarious criminal negligence or usurious contracts.

If you have the time please trawl the net to get act together and draft a proper contract or contact a proper legal expert on the subject matter.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 April 2015

A Chartered Account is the right choice for UR query

AV Bagur Advocate (Advocate )     23 April 2015

Sh SAINATH DEVALLA. The query is regarding hedging  liability of a Principle for actions of a Franchisee.  Not taxation issues between the Principle and the Franchisee. How can a CA help in this matter?

SAINATH DEVALLA (LEGAL CONSULTANT)     23 April 2015

Sir he is mentioning about MOU

T. Kalaiselvan, Advocate (Advocate)     01 May 2015

This requires a draft of MOU with lear terms and conditions including the responsibilities and liabilities as per the dictated terms agreed by both the sides including profit sharing etc.  You have to consult a local lawyer with your requirements and proposals you have decided to include in it. take the help of an advocate locally.


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