Hasan (doctor) 14 October 2011

Criminal case aqainst doctor by patient for harrasment

Hi,

I have a few questions and shall be grateful if answered here.

A patient comes to a eye surgeon with 4 days history of injury to right eye by stone on 12th may
he is seeing only less than half feet
on examination his retina in right eye had detached (medical term) meaning if not operated early he will lose his chance of vision permanantly.
he states financial problems but comes on 23 may to get operated where he had conjunctivitis (infection) for which treatment was started and was asked to get operated after few days once infection is under control
he is operated on 30th may but during the surgery the surgeon finds that there is lot of swelling in his eye.
after surgery patient continues to have swelling in the eye for which all neccessy treatments were started and in between told that situation of eye not good and possibility of vision is less for which time and again he was advised to take 2nd opinion.
in end the swelling in the eye decreased but the eye doesnt have the capacity to see.
now patient relatives want the money back as they feel surgery was delayed which the hospital refused

the party has filed a criminal case against the doctor under crpc 338

Can a criminal case be registerd againt doctor instead of it being filed in consumer court
before filing a criminal case againt a doctor is it not fair for the police to verify the authenticity of complaints
are criminal cases file only on complaints of the complainants and not verified
does it not amount to harrasment of the doctor
if it amount to harrasment of the doctor then what is the way out
can the doctor file a defamation case or a case of harrasment

awating your expert opinion

i would be greatful if experts can clear my queries... legal opinion has be sought for..but such a complaint has started to take a toll on my work

thanks Dr Hasan

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 October 2011

Dear Dr. Hasan

The case filed against you is under section 338 IPC not Crpc

you are not commited any offence under this section because you have come under the General Exceptions of this Code /u/s 81 of IPC

Section 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation

It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act. A is not guilty of the offence.

Dont worry about it, if the police has registered the FIR then go to court seek bail application before the magistrate and got bail, in trail of first hearing you will be discharged.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 October 2011

feel free to call me on 9953809956

Dr.Sidharth Arora (Advocate) 15 October 2011

In fact the Doctor acted very responsibly...................the case will fall flat on the face even in a consumer forum.........Criminal case........forget it.....................