Nowadays,we doctors have to be well versed with legal tangles along with updating our medical skills.
the thin line between medical error and negligence is a place for all to exploit the doctors emotionally and economically.
patients have the liberty to file cases against doctors in medical council,civil&criminal courts and in consumer forums. but still, the patient's attendants preferred to attack the doctors and damage the hospitals.
police come in to the scene and file cases against doctors and nursing staff,even though they know very clearly that doctors can't be arrested in medical negligence cases without having valid medical board report.
the police also know that there is 'medical protection act' and they have to arrest the goons and vandals under non-bailable sections.
But they dont do such things saying that media and political babus doesn't like it.
if any association like IMA interferes and exert some pressure,they will file cases on 'unknown persons'.
So,let us have some Knowledge about IPC and be well informed about few tantrums our police trying to play.
1.police may say as the Punishment is less than 7 years,we need not arrest the culprits.
we know,this is wrong interpretation of apex court order.
what the supreme court's actual verdict was ' If the punishment is less than 7 years, bail should not be denied to the accused in the appeal stage'.
what is more valid point is, that the 7 year thing has nothing to do with the cases booked under the MPP Act which is a specific Act providing for cognisable [a case where arrest can be made by the police taking cognisance without an arrest warrant from the magistrate] and non-bailable offence [where police is not empowered to release the accused on bail and the accused must be arrested and produced before the magistrate who may or may not grant bail.
So, stress the police, for arrest of goons.
2. Study the FIR thoroughly. You must have good lawyer with medicolegal knowledge. ordinary advocates may not have such skills.
A. The police usually Register FIR under petty sections.
So please check the copy of FIR and go through the sections mentioned. Google each section and see what they are and question the SHO about the same.
B. The police trying to Register FIR against 'unknown' persons. So that they will not be under any legal pressure to arrest anyone.
So, See to that the accused are mentioned by names in the FIR.
3. police usually arrest 2 or 3 persons and not even bother to interrogate others.
So, we will force the police for Naming as many accused as possible which might help here.
4. the police will try to Register a counter complaint against the nurse. This is very interesting. When the real accused are not bothered, why should the nurse bother about an FIR and arrest? the very investigation by this angle with '100 witnesses' will provide a lot of counter evidence against the real accused in the hands of a seasoned lawyer. So probably we should encourage police to arrest the nurse, file charges and then we should protect him with a very good lawyer. Resisting his a to arrest and preventing the filing of charges is actually playing into the hands of the police.
5. When Police have already registered FIR against unknown persons under petty sections,what to do?
With all the evidence like CC TV footage etc approach the HC to quash the original FIR and file a revised FIR and direct the police for proper investigation.
the thin line between medical error and negligence is a place for all to exploit the doctors emotionally and economically.
patients have the liberty to file cases against doctors in medical council,civil&criminal courts and in consumer forums. but still, the patient's attendants preferred to attack the doctors and damage the hospitals.
police come in to the scene and file cases against doctors and nursing staff,even though they know very clearly that doctors can't be arrested in medical negligence cases without having valid medical board report.
the police also know that there is 'medical protection act' and they have to arrest the goons and vandals under non-bailable sections.
But they dont do such things saying that media and political babus doesn't like it.
if any association like IMA interferes and exert some pressure,they will file cases on 'unknown persons'.
So,let us have some Knowledge about IPC and be well informed about few tantrums our police trying to play.
1.police may say as the Punishment is less than 7 years,we need not arrest the culprits.
we know,this is wrong interpretation of apex court order.
what the supreme court's actual verdict was ' If the punishment is less than 7 years, bail should not be denied to the accused in the appeal stage'.
what is more valid point is, that the 7 year thing has nothing to do with the cases booked under the MPP Act which is a specific Act providing for cognisable [a case where arrest can be made by the police taking cognisance without an arrest warrant from the magistrate] and non-bailable offence [where police is not empowered to release the accused on bail and the accused must be arrested and produced before the magistrate who may or may not grant bail.
2. Study the FIR thoroughly. You must have good lawyer with medicolegal knowledge. ordinary advocates may not have such skills.
A. The police usually Register FIR under petty sections.
So please check the copy of FIR and go through the sections mentioned. Google each section and see what they are and question the SHO about the same.
B. The police trying to Register FIR against 'unknown' persons. So that they will not be under any legal pressure to arrest anyone.
So, See to that the accused are mentioned by names in the FIR.
So, we will force the police for Naming as many accused as possible which might help here.
4. the police will try to Register a counter complaint against the nurse. This is very interesting. When the real accused are not bothered, why should the nurse bother about an FIR and arrest? the very investigation by this angle with '100 witnesses' will provide a lot of counter evidence against the real accused in the hands of a seasoned lawyer. So probably we should encourage police to arrest the nurse, file charges and then we should protect him with a very good lawyer. Resisting his a to arrest and preventing the filing of charges is actually playing into the hands of the police.
5. When Police have already registered FIR against unknown persons under petty sections,what to do?
With all the evidence like CC TV footage etc approach the HC to quash the original FIR and file a revised FIR and direct the police for proper investigation.
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