Forging hospital discharge slip
SANJAI KUMAR SINGH
(Querist) 24 December 2011
This query is : Resolved
My wife filed a case aginst me under Domestic Violence Act.In her submission to the Court she attached a Hospital Discharge slip as admitted for operation ,stay in hospital two days,Laparascppy done. the entire written material is in her handwriting in the Form of a Private Hospital in Ajmer. Her close friend is a doctor in Ajmer. By chance i saw the discahrge slip and reecognized her handwriting though she tried to disguise it. How and who to appeal to for Forensic Opinion(handwriting Expert). and what further action should i take. Thanks
Deepak Nair
(Expert) 24 December 2011
Firstly you have to deny the document and move an application to the court seeking the opinion of the handwriting expert in the document. You have to convince the court with sufficient reasons.
V R SHROFF
(Expert) 24 December 2011
Who Signed
is important, not who wrote it.
If not operated, or is a false Discharge Slip, it amountto forgery, and whoever committed, incl dr. & ur wife are liable.
If wife deny her hw, , as Deepak advised , HW Expert's Opinion is useful.
Sudhir Kumar, Advocate
(Expert) 24 December 2011
Partially disagree with Mr Shroff. It can also be relevant as to "who wrote the paper" in addition to "who signed it". Normally medical documents are not written by patients.
Guest
(Expert) 24 December 2011
In disagreement with the opinion of Shri Sudhir Kumar, I fully agree with the opinion of Shri V R Shroff. The ultimate responsibility rests with the person who signed the document. The question of forgery of discharge slip can arise only if the doctor's signature are proved as fake and forged. Mere filling of any document has no relevance until singed by the concerned person to own responsibility.
So, to prove the discharge slip to have been forged, you need to prove the signature of the doctor as forged, as handwriting of the person, who filled in the document, may not help prove any forgery.
Shri Mr. Sudhir Kumar may probably like to investigate to find in his own department that in support of leave on medical grounds, several officials would have submitted medical cerfificates filled by their own handwriting and signed by doctors.
Deepak Nair
(Expert) 24 December 2011
Dear Dhingra Sir,
But this is a case of certificate issued by a doctor with respect to a surgery, laproscopy etc., and not merely a formal medical certificate used for obtaining leave. I think such a document can be issued only by the doctor/surgeon who has issued the certificate, since no doctor will aska patient to write on such a crucial document.
Please reply
Guest
(Expert) 24 December 2011
Dear Deepak,
Instead of relying on presumption, why not prove signature of doctor as forged, as I have very clearly stated, "the ultimate responsibility rests with the person who signed the document. The question of forgery of discharge slip can arise only if the doctor's signature are proved as fake and forged. Forgery, if alleged, has also to be proved beyond doubt. Mere filling of any document has no relevance until singed by the concerned person to own responsibility."
Since I am of the view that the cases should be fought only on solid grounds, the reality must not be overlooked. Even if we presume on the basis of handwriting that the document is forged, but if the wife of the querist produces the doctor signing the discharge slip, and the doctor admits her signature to be true and also confirms the discharge slip to be correct, only the interest of the querist is likely to be harmed resulting in to weakening his own case on this point to be treated as a vague ground.
Rest depends upon the wisdom of the querist as well as his advocate.
Deepak Nair
(Expert) 24 December 2011
Dear Sir,
I understood. Thanks for clarifying the same.
Advocate. Arunagiri
(Expert) 24 December 2011
Discharge summary handwritten by the patient, but signed by the doctor, is not illegal.
The patient would have assisted the doctor in drafting the report.
So, dont concentrate on proving this issue.
SANJAI KUMAR SINGH
(Querist) 24 December 2011
Dear Mr Dhingra, I agree with your remarks, even though the patient filling in his own discharge Papers is highly irregular and questionable,but as you rightly pointed out, not necessarily illegal or a forgery. However as the Signature too appears to be the 'patients ' handwriting i think it will be worth while proceeding. the only thing that i would like to ask is whether the Court will ask the police to verify or i will/can/should have to file a FIR. Regards and thanks.SKSingh
Shonee Kapoor
(Expert) 24 December 2011
Regardless of whether she wrote or anyone else wrote, it is the signatory that matters, I fully endorse the views of Ld. Mr. Dhingra,
First you need to call the records.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 December 2011
I endorse the view of Mr. V R SHROFF.It is the signature on the document that is more important and his admission on it would render every allegation of its being fake or forged fully failed.So you can challenge it but all shall depend upon statement of Dr.
Guest
(Expert) 25 December 2011
Dear Shri SK Singh,
As pointed out by you, if you are of the opinion that the signature too seems to be in the handwriting of the patient, you can very well challenge the document and can request the court to get the signature of Doctor verified by the forensic lab to prove the document as forged one. BUT, if you have merely a doubt and are not sure about the handwriting for signature, you may probably be inviting a negative point in your case.
SANJAI KUMAR SINGH
(Querist) 25 December 2011
Dear Mr.Dhingra,thank you for taking so much trouble on my behalf.I will see the original Document which is in the court.If the ink apears to be the same then i think it will clinch my doubts about its authenticity. If they are different then one would have to tread carefully. Unfortunately the authorities in the Private clinic in Ajmer are not being too cooperative saying the matter is of 2007 and hence locating the origianl docs is very difficult. But i shall persevere to the best of my ability. With regardss, SKSingh
prabhakar singh
(Expert) 25 December 2011
Dear Mr.sk singh!
In all on your challenge that it does not bear the doctors signature being fake,she needs to produce the doctor to adduce his statement whether or not he has issued the certificate,if he denies then she goes off.In case he admits you can simply cross him but in either circumstance I do not see you need to go for hand writing expert.How can hand writing expert compare Doctor's signature in absence of his admitted specimens produced before the court.I wonder that if doctor admits his signature,even though it is fake any one else has a right to say "no,it is not his signature"as the court shall believe the admission of signatory.Hence all you need to state that certificate is forged and does not bear the signature of the doctor.Then burden goes on her to bring the doctor in the witness box to prove his signature and if she does not bring the doctor, she fails to prove the certificate as per requirement of law.
prabhakar singh
(Expert) 25 December 2011
With regard to your this part of your query"that i would like to ask is whether the Court will ask the police to verify or i will/can/should have to file a FIR."MY ANSWER IS that unless doctor is produced and denies his signature on the certificate produced you have no right to proceed against her in any way.In case doctor admits his signature the question finishes but in case he denies his signature then you can request court to lodge a case against her for preparing forged certificate and in that case court can go on your allegation for hand writing opinion as to whether or not it is fraudulently prepared by her in her own hand writing.
In case she does not produce doctor the certificate can be challenged as desired by you and it can be requested to court to lodge a case of forgery against her.The court and not you are entitled to lodge such a case.
SANJAI KUMAR SINGH
(Querist) 25 December 2011
Dear Mr. Prabhakar, thank you for your suggestion ( given below), which in my view appears to be abrilliant solution to the problem.I stand highly obliged.
""Hence all you need to state that certificate is forged and does not bear the signature of the doctor.Then burden goes on her to bring the doctor in the witness box to prove his signature and if she does not bring the doctor, she fails to prove the certificate as per requirement of law.""
With regards,SKSingh
Guest
(Expert) 25 December 2011
Dear SK Singh,
Definitely, the burden lies on your wife to prove the genuineness of the certificate and the signature of doctor. You can insist on your point for getting proper verification or to direct the lady to bring the doctor to prove the genuineness of the contents and signature.
