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May13

ARE DOCTORS BOUND TO GIVE CERTIFICATES ? CAN THEY CERTIFY AS PER LIKE OR DEMAND OF ANY PERSON?

Prof.Dr.Dram,profdrram@gmail.com,Gastro Intestinal,Liver Hiv,Hepatitis and sex diseases expert 7838059592,943414355    www.blogspot.com/drnakipuria     www.bhartiyanews24x7.com    www.bhartiyanews24x7.net


Doctors treat patient in their personal capacity as in their clinic or dispensary or pvt nursing home or by serving in Government health centres,hospitals or Medical Colleges. Here Patients present themselves before them for treatment of their ailments.Doctors usuall examine them in their clinic as opd patient without need of any consent and  may repeatedly examine patient for years for chronic diseases advising investigations and changing treatment from time to time but if doctor operates or do any procedure in opd or clinic then has to take consent of patient.

        During such treatment for few days to years patient may require Medical Certificate from Doctor as patient may not attend working place or education centre or court as asked,Attending Doctor is bound to certify this provided Doctor has advised rest or treatment at home,simple attending a Doctor cant be a reason for missing from these places.Some time Doctors advise regular follow up and some procedures under guidance on these days Doctors is bound to give certificate,similiarly doctor can advise some excercise,physiotherapy or procedure at distant places or advise some special type of food or wearing or having stay or avoiding some places for temporary or permanant sta for these too patient must be certified. For reimbursement or for income tax filling or otherwise patient may require bill of consultancy and procedure, doctor is bound to provide it or sign or attach  bills received from pvt or government hospitals.

 If Doctor wish to admit in any health centre as described above then patient is admitted taking written consent for admission and patient may be kept for few days to months undergoing one or many investigations,Doctor is bound to provide patient a discharge certificate while releasing patient with full details of history of disease, investigations done,treatment provided and future advise.During such admission patient cant leave such premise without written permission from doctor and if found absent doctor is bound to report to the local police about such abscence immediately. Patient cant come and go to working place or home while being admitted there without discharge or written permission from doctor under whom admitted or doctor attending the patient in ward.

            If patient expires under doctor or a new birth takes place doctor is bound to certify but  final certificate of Birth or death is issued by Police or Municipality or civic Body on the basis of Doctor's certificate only varying from state to state.Doctor is bound to provide certificate to mentally retarded or physically disabled person themselves or better  referring to state mental or disability society located in every district or Sub divisional hospital or medical college.Doctor can certify travelling certificate to patient and necessity of being company to accompaning person needed for treatment of patient.

       If doctor examines any medicolegal patient as patient of accidental trauma, incidental poisoning,suicidal or homicidal attempt as hanging,drawning, gagging, choking,rape,burn,assualt by someone or terrorist or bomb or radiation attack or brought by police as advised by any court ,doctor is bound to issue medical report to local police.If needed in local state health centre or hospital,Doctor has to perform autopsy too as request by an inquest.For insurance claim too if requested by insurance company with a valid court order,Doctor has to answer details of treatment of patient to insurance company.

         Beside these above cicumstances,doctor cant be bound by any body to issue any certificate,If doctor didnot examine a patient or prescribe, doctor cant provide certificate to any other person even as a Doctor at home or working in a company or force or research lab.Doctor patient relationship must be established for any certificate. No body or patient can guide or instruct doctor to write certificate as per ones's will or instruction.For any such person Doctor should immediately inform local police,local health officials and local  Medical Association if any,under which doctor is member  No exchange of money should take place for such certificate except what is advised by court.

           If doctor himself/herself distort any fact or issue certificates wrongly ,he/she will be punished severly by MCI.MCI uncer the clause 7.7 has clearly opined that:--

“7.7 Signing Professional Certificates, Reports and other Documents: Registered medical practitioners are in certain cases bound by law to give, or may from time to time be called upon or requested to give certificates, notification, reports and other documents of similar character signed by them in their professional capacity for subsequent use in the courts or for administrative purposes etc. Such documents, among others, include the ones given at Appendix –4. Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register.”

 

Thus, in view of the above clause 7.7, if the doctor writes what is dictated by the patient without following the proper protocol, procedure and the same is untrue, misleading or improper then the Medical Council of India or the respective state medical council will delete his name from the Register of the respective Medical Council in which the doctor is registered. Accordingly, the doctor shall be debarred from practicing medicine.



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