Menu
keyboard_backspace
ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Q. Medical Negligence

Placeholder image

Anonymous

posted 3 months ago

On 29th November 2011, a patient was referred from Pipili hospital to Capital hospital with diagnosis of "Functional" (without information to police) after treating for half an hour. "Functional" means Psychological.
I was on duty in Casualty. The patient was having convulsions. The attendants said that they have reported to police. They suspected that there was snake bite. I wrote MLC on the top of admission ticket as they had reported to police, for the purpose of record that police has been informed. (MLC is an abbreviation for Medicolegal case). Police is not informed in snake bite unless death occurs. On examination, I did not find any bite mark or any mark of violence. So did not report to police. I wrote Diagnosis as "Unknown bite". Our Casualty is always crowded so I had the patient for 5 minutes, admitted and referred the case to Medicine specialist. The medicine specialist referred the case to Medical College after keeping for about one hour, with diagnosis of "Unknown bite".
Later we came to know that the patient was in medical college for 15 days with diagnosis of "Partial hanging" as there was mark of ligature on the neck.
They were discharged from Medical college on 15th December 2012.
On 5th Jan 2012 they came to Capital hospital in unconscious state but the doctors advised them to go to Medical college from where they were last discharged. They went to Women Commission. Women Commission refused them as it was Sunday. They went to Human Rights. The human rights asked our hospital to admit and report on her condition. So the patient was admitted. Next day they went to Woman's Commission and came out of the office claiming rape had been committed on her. And no one helped them either in treatment or in police work. The police at Pipili PS was dismissed from duty. As the girl was Scheduled Caste we were charged with Prevention of atrocities against SCST and NBW was issued. We took bail from High Court. Then our departmental proceedings started.
I have been charged with misconduct, negligence and dereliction of duty and violation of professional ethics for not reporting to police.
PK Mohanty commission was started to recommend on the issue.
After 5 years I was given the penalties of
1. Censure
2. Withholding of one annual increment without cumulative benefits.
I want to go for Administrative Tribunal.
Where do I stand legally?

Showing 5 of 5 Responses

A. For details,pl.contact some advocate through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 1 month ago

View All Answers
Reply Here

A. Kindly engage a local experienced lawyer for the same.

ARPIT BATRA

Experience: 11 Year(s)

Responded 2 months ago

View All Answers
Reply Here

A. Dear client kindly make an appeal into high court. better way to contact with expert high court lawyer for filing your appeal.

Deepak Bade

Experience: 9 Year(s)

Responded 3 months ago

View All Answers
View {{count[2]}} Reply
Placeholder image

Anonymous

Replied 3 months ago

Thanks. But can I bypass tribunal and go directly to high court.

Reply

A. Dear Sir,
After going to the history narrated by you it appears there is no negligence on your part since you have mentioned “unknown bite” and also mentioned MLC. Thus there was no case was made out either of suicidal or snake bite. If you take expert guidance the punishment imposed on you may be set aside by the Tribunal.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

View All Answers
View {{count[3]}} Reply
Placeholder image

Anonymous

Replied 3 months ago

Thanks for your kind advice.

Reply

A. Dear Client,
I had already responded this question five days back.
Could you kindly check?You have already been punished under "The Odisha Civil Services ( Classification,Control and Appeal) Rules,1962"" A Deterrent from wrong doing for Government Servant.
You have a right to Appeal against the judgment if you are not satisfied.But, you need to have some solid and valid logic to substantiate your argument.If you feel injustice has been done, then you can go the Court of law. High Court is the highest Court in the State and Supreme Court is the highest Court in the Country. You have few steps left out.
I will plead for you but can not give guarantee. Choice is yours.
Shanti Ranjan Behra.Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 3 months ago

View All Answers
View {{count[4]}} Reply
Placeholder image

Anonymous

Replied 3 months ago

Thanks for your kind advice.

Reply