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May20

HOW A DOCTOR SHOULD ISSUE MEDICAL CERTIFICATES

PROF .DRRAM,HIV /AIDS,HEPATITIS ,SEX DISEASES & WEAKNESS expert,New Delhi,India, profdrram@gmail.com,+917838059592,+919832025033,ON WHATSAPP

 Issuing of medical certificates is one of the duties as well as privileges of a registered Medical
Practitioner.Though the pressure of every day practice and altering attitudes of many patients have made this an unpleasant task or issuing certificate against money or obliging against some kind, Many court raise question regarding its truth and Doctors are doubted,litigated and punished and Court may direct the Medical Council to erase his/her name from the Register or bar one from practice.so it is duty of a Doctor to know all details about writing a Medical certificate and practice it seriously,manipulating and then issuing it casually or against Money or any other pressure is a criminal offence.
     The registered medical practitioner only can issue a sickness or fitness certificates.Sickness certificate is issued when the person is still sick and undergoing treatment. Whereas, fitness certificate is required to be produced at the above named organizations and institutes at the time of resuming their duties once they are cured of the illness and are fit for the same.Doctor should Issue certificates to only those whom one treats not known or otherwise persons.
        Sickness certificate is issued to employees of various organizations,whether private of government, students of educational institutesfor Medical Leave,relieve from attending court,election or other essential war like duty,transfer prisoners to hospital,relief from rigorous punishment on Mental ground ,for receiving the insurance treatment or others as maternity benefit,Reimbursement claims,travelling concessions,free cheap treatment at Govt,Pvt,Charitable Hospitals,ESI or from CGHS,ECHS or and Disability for getting job.

  1. These certificates should be on letterheads bearing the name,qualifications, date, registration number and address of the Doctor in the prescribed format with signature and Printed seal in legible writing.
2.The certificate is to be issued to the patient himself or to the guardian if patient is minor or lunatic..
3.A physician must ensure that statements are to the best of his or her knowledge, accurate, and based upon current clinical information,not untrue, misleading and improper. 
4.Physician should know the purpose of certificate,clearly mention the possible diagnosis,how the person treated and place at home via opd or inside hospital and for the period and follow up or referral if needed.    5.No certificate without examining any patients or writing diagnosis on suspicion,all statement should be well supported by investigations,other doctor's opinion,referral ,details of treatment nature of disease.         6.The practitioner should preserve with him a duplicate copy of the certificate issued,at least for two years. Doctor can have  register with details of the certificate issued with serial number,signature of the patient attested by Doctor and if possible id mark of pt should be mentioned in these certificates.
7.Medical practitioner can demand fees for issuing certificate, if not issued from free from hospitals and should not disclose it to any body except  through patient or to the court if asked for the same.                      8.During treatment a new disease,or patient behave abnormally or any complication must be mentioned.    9.In Fitness certificate Physician should state clearly that for how period  the patient was sick with name and nature of disease,investigations done,type of treatment,day of discharge and day of joining the work.    10.Name,age,sex,Father/Guardian name,caste,religion and address of patient must be clearly mentioned.   Medico Legal consequences of Issuing of a Medical Certificate:------                                                                        1. Issuing of a false certificate is not only ethically wrong but attracts the provisions of Indian Penal Code.
2. Sec. 197 IPC: Whoever issues or signs any certificate relating to any fact knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if,he gave false evidence.
3. Issuing of false certificate by a RMP may lead to penal erasure of the name of the practitioner from the medical register.
4. Physician may be required to testify in proceedings involving disputes between and employer and the employee (i.e. the physician’s patient) or in any other forum as mentioned above based on the sickness/fitness certificate provided. Physicians can be summoned as witnesses in legal proceedings under oath, providing their clinical notes on a patient, in such proceedings where they may be examined and cross-examined by legal counsel.
5. Furthermore, based on their reports, physicians may be called to depose before any judicial or tribunals quasijudicial boards, etc in disputes, appeals before such tribunal proceedings, or to appear before a boards of arbitration under collective agreements.Carelessness in completion of these forms can have serious medico-legal implications for a physician.
6. If the patient suffers any damages due to inclusion of any untrue, incorrect,misleading information in the sickness/ fitness certificate by the RMP the patient has the right to avail legal remedies by filing a civil suit or a criminal proceedings if the case is to protect persons convicted by court or committing crime or terrorism or raising some thing or helping those who challenge soverginity of state.



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