No medicolegal case against doctors after 3 years of treatment


Article PDF :

Veiw Full Text PDF

Article type :

Review article

Author :

* M. Garg, ** N. Garg ***P. Kumar

Volume :

7

Issue :

4

Abstract :

MCI stipulates to keep medical records for a period of 3 years. Once the medical records are disposed, the defence of medical professionals in any kind of medicolegal case is reduced to zero. Therefore, the implication and existing MCI guidelines are clear that no medicolegal case can be entertained after 3 years of treatment as 3 years is more than sufficient to know ill effects of any kind of treatment. However, in the absence of clarification to this effect from MCI (that no medicolegal case can be entertained after 3 years of treatment), a lot of doctors are being harassed and traumatized by frivolous litigations which are filed against them after 3 years of treatment. A clarification of the existing guidelines is needed urgently from MCI and various state medical councils specifying that any kind of medicolegal case cannot be filed against a medical professional after 3 years of treatment especially in cases where the entire defence is dependent on medical records. In case, a litigation is still filed against a medical professional after 3 years of treatment and medical records are not available in that case, then the presumption would be raised in favour of the medical professional that all the records were correct and were in order. Though health is a state subject, but a clarification from MCI would help state medical councils to issue such clarification in their respective states. In the absence of such a clarification, the sword of Damocles would always be hanging on every medical professional of the country throughout their lives as a lot of rogue elements are eager to misuse this shortcoming to exploit medical professionals for their petty gains

Keyword :

Medical Negligence, Limitation period, Medical records, Frivolous litigations
Journals Insights Open Access Journal Filmy Knowledge Hanuman Devotee Avtarit Wiki In Hindi Multiple Choice GK