Medical Negligence : Deficiency in service

[phoeni6]

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.


So, taking medical negligence as basis can I file consumer complaint.

Thanks & Regards

 

[expert]

What is the context? Did you pay any fees for this medical treatment?

 

[phoeni6]

What is the context? Did you pay any fees for this medical treatment?

I am the victim of false 498A case. MLC was issued on her request. No procedure was followed in issuing because it was false and fabricated. Payment was done by her for medical treatment and MLC in government hospital. I am indirect consumer of MLC because case was filed taken basis of it.


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.


The doctor is the prime person who has to oversee this process and is primarily responsible for history, physical examination, treatment plans, operative records, consent forms, medications used, referral papers, discharge records, and medical certificates

The legal system relies mainly on documentary evidence in a situation where medical negligence is alleged by the patient or the relatives. In an accusation of negligence, this is very often the most important evidence deciding on the sentencing or acquittal of the doctor
In my case there is no documentary evidence other than MLR.

So, taking medical negligence as basis can I file consumer complaint.

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.

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;

I think above definition "includes any beneficiary of such services"


Let me know your thought.


Thanks & Regards