Legal Question in Medical Malpractice in India

Re: False Affidavit by Doctor

From what you have mentioned, it is clear that to prove that you never consulted the other surgeon

you have to produce evidence to that effect. The doctors have to maintain a diary giving details of the patients seen by them. This can be checked up and see if it helps you.

Re: False Affidavit by Doctor

1. SPECIFIC ANSWER— The onus to prove that you consulted the other doctor lies upon the OP, not upon you. You have simply to deny that you ever consulted him by submitting an affidavit on oath to the Hon’ble State Commission stating therein that you never consulted the said doctor and that the affidavit submitted by him is false. You can also request the Commission to initiate action against the doctor for perjury. You can bring to the notice of the Commission the modus operandii of the OP which is clear from the fact that he is procuring false information and submitting it to the Court to misdirect the course of justice. It may also be possible to initiate direct criminal proceedings against the 2 doctors for preparing and submitting false affidavits.

2. OTHER COMMENTS—

A. it appears you do not have an advocate. It is better to have the help of an advocate.

B. Though I do not know the details of the case, it is not clear to me why the false affidavit should minimize the liability for medical negligence, if any. If a patient goes to a surgeon at late stage, it is open to the surgeon to tell the patient that he is too late for surgery. But, if he undertakes to operate, it is not open to him to commit negligence in surgery.

C. In your case, the allegation is of operating on the wrong side. This is outright negligence and has nothing to do with early or late surgery.

For any further help, you can send me a mail at [email protected]

Dr. M C Gupta

MBBS, MD [Internal Medicine], MPH, LL.B., LL.M.

Ex-Professor & Dean:

National Institute of Health and Family Welfare

Ex-Additional Professor:

All India Institute of Medical Sciences

Advocate

Health and Medico-legal Consultant

Member, Supreme Court Bar Association

Member, Indian Law Institute

[email protected]

[email protected]

http://www.medindia.net/myhome/mcgupta44

www.writing.com/authors/mcgupta44

Re: False Affidavit by Doctor

Sir,

As a matter of course your requried to cross-examine the doctor, and u require a skillfull attorney who can contradict and nullyify his version. You can on later stage, file criminal compliant for giving false evidence in courts.