Legal Question in Health Care Law in India

hello sir!

nipa here. we just went to the AJCM court today.we gave papers for bail and now the next date is 17th of this month.

we are in trust hospital at mount abu.the case is filed against the superintendent, gynecologist and myself - radiologist. our fault is incomplete filling of forms.they collected forms of january, february and march 2009. deficiencies were found in january 6forms, february 22forms and march 24forms.i was here working for january 2009 then i resigned. for other two months another radiologist was there. who is not here at present.there is no case against him.i rejoined in march 2010.the deficiencies were:

1.age of patient not written- in column 3.

2.telephone number not written- in column 6.

3.complete address not written- in column 6.

4.procedure done not written-in column 11(a).

5.date of usg done not written-in column 15.

6.date on which invasive procdue was done- in column 16.

7.report handed over to ____on date____not written-in column 17.

8.report not written-in column 14.

9.date not written below the date of usg done-near signature column.

mine is only 6forms.everybody knows nothing illegal is done in our hospital.even MTP's not not done here even if medically advised.but still we have to prove ourself non guilty.

dhara 4(3) under section 23 is written.they write pure hindi so it is bit difficult for us to understand.

please sir guide what should we do.

nipa

Asked on 4/09/12, 8:35 am

1 Answer from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants
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I filled the F form incompletely. A case has been filed against me under the PC & PNDT Act. What should I do?

QUESTION—I am a radiologist. A case was filed against me under section 23 of the PC & PNDT Act. I have been given bail by the ACJM court today. The next date is 17th April. The allegation against me is that the Form F was incompletely filled in January 2009 when I was working in the hospital which I later left. Columns at no. 3, 6, 11(a), 14,15 and 16 were left fully or partially blank. Everybody knows nothing illegal is done in our hospital. What should I do?

ANSWER—

1—The fact that nothing illegal is done in your hospital is not correct and, even otherwise, does not help you.

2—It is illegal to leave any columns blank in the F Form. The foot note in Form F clearly states as follows:

“Person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic/centre in Form – F and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 of the Act, unless contrary is proved by the person conducting such ultrasonography”.

3—It is nice that you have been enlarged on bail. What you should do is to engage an advocate to defend you.

---Dr. M C Gupta (Former Professor and Dean)

MD (Medicine), LLM

Advocate (Delhi Bar Council no. 857/2001)

mcgupta44@gmail.com

Ph: 9999-333-801

9 April 2012

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Answered on 4/09/12, 10:54 am

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