Filing of pil
raju
(Querist) 01 June 2024
This query is : Resolved
Dear expertd please advise on the line for filing PIL on points. PIL is required to be filled against private doctor for implanting expired IOL in the eye of patients and charging over and above the invoices. In PIL only doctor to be made party since he is owner of the hospital. Please advise.
T. Kalaiselvan, Advocate
(Expert) 01 June 2024
If doctor only is involved i the alleged crime then the aggrieved party can lodge a criminal complaint with evidence to get the doctor punished as per law.
No PIL can be filed against an individual.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 02 June 2024
Report the matter to National Medical Commission with full and verifiable particulars.
Possibly, the aggreived party can move Consumer Forum also for damages caused by the said Doctor.
If you csn establish that the issue affects the public at large or a significant section of society, not just individual grievances, you can consider filing a PIL. Gather Information, Collect all relevant information and evidence, including testimonials from affected patients, medical records, and expert opinions to substantiate your claims. Then approach a Lawyer who has enough experience in filing PILs. He shall advise you whether a PIL can be filed with the material/evidence/testimonials you have.
A word of caution. If the Honorable High Court isn't convinced and considers the PIL to attract publicity, the application may be fined besides dismissal and strictures thereon.
Therefore PIL is to be filed only when, you are absolutely certain that it is for common good of the "Society at large" and not for one or two specific cases which can be dealt with suitably with reporting to Medical Commission and/or Consumer Forum.
P. Venu
(Expert) 03 June 2024
Yes, there could be no PIL against a private person.
raju
(Querist) 10 June 2024
The doctor is implanting expired IOL in the eyes of patients for which can doctor, MCI, District Health Authorities be made party to case for filing PIL
T. Kalaiselvan, Advocate
(Expert) 10 June 2024
If the controlling authorities have not responded to the complaints registered in this regard then they may be impleaded as necessary parties passing directions to them.
