Some cases came to my notice where doctors are being unnecessary troubled. I think it is responsibility of Medical Associations or medical fraternity to obtain clear guidelines from High Courts or from Supreme Court.
Background
Treatment records are maintained in private and public hospitals where a patient may have been taking treatments. If evidence is required, the Court can issue summons to Doctors under Sec.91 of Cr PC to produce record in Court.
But as per Medical Norms, consulting physicians and doctors are not required to maintain records of treatments. It is impossible for them to do.
The present practice is such that, they write symptoms, complaints, history and medicine on a paper. Thereafter, this prescription is handed over to patients.
The Doctors are not required to maintain records of treatment.
Instances of Abuse of Law against Doctors and Psychiatrists
In Divorce cases, sometimes a husband or wife wants to prove that spouse was mentally ill. To prove this, they apply to court to issue summons under Sec.91 to Doctor or psychiatrist to appear in court with record of treatment of spouse.
The court, sometimes unaware that such private doctors are not required to keep records of treatment, issues summons to Doctor or psychiatrist, directing them to come with past treatment records. Sometimes case may be in one State, and Doctor may be in another State. This produces great inconvenience to such doctors.
It may not be possible for a private doctor to appear except with great inconvenience and costs. If he does not appear, warrants are issued through police to procure his presence in court and to reply to Sec.91 application.
CONCLUSION
It is desired that some guidelines in some cases are obtained from High Court or from Supreme Court to remove inconveniences to doctors.
Haresh Raichura
1/1/2014
Background
Treatment records are maintained in private and public hospitals where a patient may have been taking treatments. If evidence is required, the Court can issue summons to Doctors under Sec.91 of Cr PC to produce record in Court.
But as per Medical Norms, consulting physicians and doctors are not required to maintain records of treatments. It is impossible for them to do.
The present practice is such that, they write symptoms, complaints, history and medicine on a paper. Thereafter, this prescription is handed over to patients.
The Doctors are not required to maintain records of treatment.
Instances of Abuse of Law against Doctors and Psychiatrists
In Divorce cases, sometimes a husband or wife wants to prove that spouse was mentally ill. To prove this, they apply to court to issue summons under Sec.91 to Doctor or psychiatrist to appear in court with record of treatment of spouse.
The court, sometimes unaware that such private doctors are not required to keep records of treatment, issues summons to Doctor or psychiatrist, directing them to come with past treatment records. Sometimes case may be in one State, and Doctor may be in another State. This produces great inconvenience to such doctors.
It may not be possible for a private doctor to appear except with great inconvenience and costs. If he does not appear, warrants are issued through police to procure his presence in court and to reply to Sec.91 application.
CONCLUSION
It is desired that some guidelines in some cases are obtained from High Court or from Supreme Court to remove inconveniences to doctors.
Haresh Raichura
1/1/2014
