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Q. Medical negligence

Patient was referred from a hospital and was received with convulsions. The attendants said that they have reported to police. They suspected that there was snake bite. I wrote MLC on the top of admission ticket. On examination, I did not find any bite mark or any mark of violence. So did not report to police. I wrote Diagnosis as "Unknown bite". I have been charged with misconduct, negligence and dereliction of duty and violation of professional ethics for not reporting to police.
Where do I stand legally?
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A. Dear client if allready complaint is filed against you then try to get defence from allegations.go through experienced lawyer

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Deepak Bade

Experience: 9 Year(s)

Responded 5 months ago

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A. If there are penal provisions filed already against you, then you need to prepare for trial
Consult a Criminal trial lawyer

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ARPIT BATRA

Experience: 11 Year(s)

Responded 5 months ago

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A. Dear Client,
Somebody has put the same thing few days back except the name.Name is the new.Are you talking the same thing?
Shanti Ranjan Behera,Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 5 months ago

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A. Let law take its own course and prima facie, you appear to be correct. Regards

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ARPIT BATRA

Experience: 11 Year(s)

Responded 5 months ago

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A. Dear Sir,
Nothing will happen. share full details.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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Milon Mitra

Experience: 1 Year(s)

Replied 5 months ago

On 29th November 2011, a patient was referred from Pipili hospital to Capital hospital with diagnosis of "Functional" (without information to police) after treating for half an hour. "Functional" means Psychological.
I was on duty in Casualty. The patient was having convulsions. The attendants said that they have reported to police. They suspected that there was snake bite. I wrote MLC on the top of admission ticket as they had reported to police, for the purpose of record that police has been informed. (MLC is an abbreviation for Medicolegal case). Police is not informed in snake bite unless death occurs. On examination, I did not find any bite mark or any mark of violence. So did not report to police. I wrote Diagnosis as "Unknown bite". Our Casualty is always crowded so I had the patient for 5 minutes, admitted and referred the case to Medicine specialist. The medicine specialist referred the case to Medical College after keeping for about one hour, with diagnosis of "Unknown bite".
Later we came to know that the patient was in medical college for 15 days with diagnosis of "Partial hanging" as there was mark of ligature on the neck.
They were discharged from Medical college on 15th December 2012.
On 5th Jan 2012 they came to Capital hospital in unconscious state but the doctors advised them to go to Medical college from where they were last discharged. They went to Women Commission. Women Commission refused them as it was Sunday. They went to Human Rights. The human rights asked our hospital to admit and report on her condition. So the patient was admitted. Next day they went to Woman's Commission and came out of the office claiming rape had been committed on her. And no one helped them either in treatment or in police work. The police at Pipili PS was dismissed from duty. As the girl was Scheduled Caste we were charged with Prevention of atrocities against SCST and NBW was issued. We took bail from High Court. Then our departmental proceedings started.
I have been charged with misconduct, negligence and dereliction of duty and violation of professional ethics for not reporting to police.
PK Mohanty commission was started to recommend on the issue.
After 5 years I was given the penalties of
1. Censure
2. Withholding of one annual increment without cumulative benefits.
I want to go for Administrative Tribunal.
Where do I stand legally?

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A. Dear Client, You should not panic all about , if you have found non marks of bite then you should be confident on it. if you were sole decider what you have found then no one can challenge it, diagnosis may be found differ,but if there were no bite mark then that can be challenged , that was not snake bite , and you wrote unknown bite, which may be of other bite not snake.
have you wrote on prescription or some where that it has all ready been reported to police as said by attendants or got signature of attendants.
First reporting to police prior or without giving treatment to patient. has no legal stand in medico legal ethics. inter alia , not treating patient ad the he dies without treatment while waiting and reporting to police is bad in legal medico ethics.
hence you can say that you gave foremost importance to treat the patient to save his life rather wasting time in reporting police waiting to reach and ask questions etc.

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 5 months ago

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A. you should proceed further if you feel that you are not wrong. For details pl. contact some advocate through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 5 months ago

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