(Guest)

Breach of doctor's duty to maintain secrecy (Compensation case)

Learned advocates,

One of my clients wants to file a suit on a hospital, as they have published his operation details in a newspaper with his original name and address without his consent

Can he demand compensation?
How to decide the compensation amount?

How much would be court fee??

What section can be applied on this?

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11 Replies

(Guest)

How much would be court fee?? As we don't know what amount to be claimed, we want leave it on the court

Or is there any other way out, what amount should we claim like 1 lakh ir less or more?

We are from Gujarat

Kumar Doab (FIN) 25 March 2018

Assess if any wrongful loss has been caused to patient..

GO thru;

Hippocratic Oath:

I shall respect and maintain my patients’ secrets. Where required, with the patient’s permission,…………………. and that the need for making confidential information public isknown to my patient.

https://www.researchgate.net/publication/51116025_A_revised_Hippocratic_Oath_for_Indian_medical_students

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Kumar Doab (FIN) 25 March 2018

Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 (Code of Ethics Regulations, 2002)

2.2 Patience, Delicacy and Secrecy

7.14 The registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his/her profession except…

https://www.medicalcouncil.kerala.gov.in/pdf/codeofmedicalethics.pdf

Indian Evidence Act, 1872

111. Proof of good faith in transactions where one party is in relation of active confidence

https://www.advocatekhoj.com/library/bareacts/indianevidence/111.php?Title=Indian%20Evidence%20Act,%201872&STitle=Proof%20of%20good%20faith%20in%20transactions%20where%20one%20party%20is%20in%20relation%20of%20active%20confidence

And also check if patient has give consent while signing various documents to doctor..

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(Guest)

Thank you sir KUMAR DOAB for your valuable and precise reply... Highly obliged

Kumar Doab (FIN) 25 March 2018

You are welcome..

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(Guest)

Sir can you please guide on court fees, as i have mentioned in my query....

(Guest)

Sir can you please guide on court fees, as i have mentioned in my query....

(Guest)

Sir can you please guide on court fees, as i have mentioned in my query

KISHAN DUTT KALASKAR (Advocate) 26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

(Guest)

Respected experts,

The case is self-explanatory as it is not open at the part of doctor/hospital to publish the illness/operation details without the written consent of the patient. Also the matter is not wholly the case of compensation also involes act of defamation in the civilized society. You pl approach to a legal expert and submit all the documents and file the case against the hospital.

Thanks, with regards,

R.N.Shah

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