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VIJAY KUMAR (SELF EMPLOYED)     22 February 2013

Would sharing facts be defamation ?

If i share facts in any form of something wrong going on in private hospital through its eye bank, would it be defamation ? Eye Bank are established with objective to provide vision to blind person. A blind person has not right to get treatment by a doctor having specific knowledge & degree of that hospital. Is it not violation of human right to health ? If i share all with facts for public interest, would it be a case of defamation ? Please guide.



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 2 Replies

Advocate Rohit (Advocate)     22 February 2013

If you want to share the facts with the public or want to file a complaint at the Police stationand/or with the Indian Medical Association against the hapening of wrong activites at the hospital, then you must have the evidence to back your claim. otherwise, the hospital may file defemation suit against you.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

VIJAY KUMAR (SELF EMPLOYED)     22 February 2013

Thanks Rohit for suggesting me............................i have full evidence in my hand, but it is not the case of police, matter of depriving patients who come at a hospital having eye bank for cornea disease & cornea transplant ( eye transplant ). As per guidelines of National Programme for Control of Blindness ( NPCB, a govt. body )..........2.3.3. Medical Director / Eye Bank Incharge :
The Medical Director (MD) must be an Ophthalmologist who has completed a corneal fellowship or who
has demonstrated expertise in external eye disease, corneal surgery, research or teaching in cornea and/
or external disease or has an experience in corneal transplantation. If the eye bank does not have such a
person it should have a consulting relationship with an ophthalmologist who satisfies the above criteria.


All policies and procedures of each eye bank shall be under the supervision of the MD.


The MD shall be providing all staff members with adequate information to perform their duties safely and
completely.

After going through above mentioned guidelines given by NPCB, it is quite clear an opthalmologist having fellowship in cornea is required to run an eye bank first directly as a Medical Director, secondly in absence of an opthalmologist having fellowship in cornea for appointment as a Medical Director even after need to having consulting relationship with such opthalmologist having fellowship in cornea.

My question is if a opthalmologist having fellowship in cornea is associated with hospital but deprived by management of hospital & head of opthalmology of hospital as well officer-in-charge of eye bank, but not having specific qualification.

It is not to deprive eye bank to run by an opthalmologist having specific degree who has better knowledge for vested interest, it is not depriving patients to treat by a cornea specialist ( fellowship in cornea= above post-graduation degree in specific field known as cornea ). It is not the violation of human right to health. It is matter of blind persons who are deprived to see this beautiful world.


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