Doctor’s liability -Criminal liability ,Civil liability , Contractual liability

Presented by

Dr. S.M.Kantikar

National Consumer Disputes Redressal Commission New Delhi


26 March 2022 at Jabalpur (MP)


Doctor’s liability

Criminal liability

Civil liability


CPA,2019 PRB


To succeed to claim, the C/o has to prove

1. Duty towards patient

2. Deficiency in duty (breach)

3. Directly results- injury (causa causans ) 4. Damage which may be physical, mental or

financial loss to patient or relatives.


 “It reflects and creates excellence in medical care.”  StandardsofCare:

Documentation is legal protection for both patient and physician in the dispute over care.

Failure to document important details can lead to adverse patient outcomes and malpractice suits.

 Ethical issues :

Assures patient confidentiality and ensures that standards of care are met.


 Many physicians complain that they do not have the time to write sufficient records!

 “Would you rather spend the time in court for 12 weeks, 5 days a week,

from 9 am to 5pm ”


 what is important to document

 when to document

 how to document

 how to maintain/destroy

 who owns the medical record,

 the significance of the transition to the

electronic medical record,

 problems and pitfalls when using the

electronic medical record


 Use of decorative letter head  Over description of doctor’s

qualification /competence (publicity)

 Handwriting – wrong dispensing

 Explaining to patient

 Over prescription of certain drugs (steroid)  Abbreviations


 Both are separate and distinct concepts.

 Consent is generally recognized as a patient

signing a name to a form, or verbally

agreeing to a treatment plan or a procedure.  Informed consent is a communication

process that leads to shared decision-making

by the physician and patient.

 Physicians are required to obtain informed

consent from patients prior to treatment.


 Signatureondottedlines…!!!

“ Patient’s signature goes a long way toward

mitigating the legal problems of the doctor.”

 ItinvolvesDegreeofdisclosure

Reasonable disclosure Adequate disclosure Complete disclosure


Informed consent accommodates both patient autonomy and the physician’s responsibility

Benefits of treatment

Risks of treatment

Alternatives (other treatment options) No treatment (risks of)

Documentation + signature ( Pt+Dr+Witns)


Neatness and legibility Medical transcription

Handwritten notes ▪ Blue ink

▪ Highlight specific items such as allergies ▪ Make corrections properly


 Check information carefully

 Never guess or assume

 Double-check accuracy findings and instructions

 Make sure most recent information is recorded

 shows list of abbreviations and acronyms used.

 MR folder should be clipped or stapled  If amendment made- it should be

rewritten by the physician and reason for rewriting should be specified along with signature.

sm 14

 Correct mistakes immediately

 Draw a line through the original information

 Document why correction was made

 Date, time, & initial correction  Insert correct information

 Hv a witness,if possible

Client’s words Clarity Completeness Conciseness Chronological Order Confidentiality

Neat, Legible,Timely,Accurate, with Professional tone

Referral Note Discharge Note

Confidential Correcting MR

Tampering Destruction


1.3 : Maintenance of Medical Records:

 Section 1.3.1 – 3 years from commencement of treatment (IP).

 Section 1.3.2- issued within 72 hours of request – to patient or authorized representative

 Issue register – date, time, identity


• Referringapatientisnotanegligence • Remember Having a

“second pair of eyes and ears”

help you out of litigation.


 Issuing Medical Certificate in Good Faith  Advertisement / Unfair trade Practice

 Shortcuts; illegible prescription,

 Vague reports, Abbreviations

 Maintenance/Tampering of Record

sm 20

 Hon’ble Ms Justice Indu Malhotra of Supreme Court of India advises doctors to do „robust documentation‟

 Violation of Ethical Regulations 1.3, 7.2 related to Medical Record constitute Gross Professional Misconduct and Deficiency in Service:


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: