Received a medical notice? Avoid these common mistakes.In today’s day and age, it is not uncommon for doctors to face a legal action from disgruntled patients

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Though traditionally doctors have been perceived as healers and saviors, in today’s day and age, it is not uncommon for doctors to face a legal action from disgruntled patients.

However, by and large, it is seen that, in spite of very good merit in the defense of the Doctor, they suffer largely due to a negligent way of handling the issue.

Medical Practitioners are affected largely due to the commercialization of modern medical practice. Unfavorable results of treatment, demanding patients who suspect negligence as a cause of their suffering, numerous statutory requirements all put to gather for the medical practitioners,  at some point in their practice, face some or the legal notice- a notice from Advocate or Patient alleging medical negligence, summons/notice directly from Court for medical negligence, statutory notice or notice from Consumer/ Human right Authorities etc.

With this background, it is in the best interest of all medical professionals to be aware of the best practices in such cases. If you find yourself in such an unfortunate situation, make sure you avoid the following three mistakes.

 Mistake #1 Refusing the notice

There is a tendency of the Medical Professionals to refuse notice/summons. However, refusal of any notice legally amounts to knowledge of the contents of the Notice. It is important to understand that refusing to accept the service of a summons and complaint does not get your case dismissed.It is important that you care of the legal requirements and face the situation.

It is in YOUR best interest to accept the notice/summons.

There are various ways to properly serve a lawsuit. If you have been served or know about the lawsuit against you, the best practice is to respond to the complaint in a timely manner.The failure to respond to the complaint can result in a default judgment being entered against you.

Mistake #2 Incorrect reply or response

It is observed in most of the cases, that the notice is not replied in a proper manner or vaguely/haphazardly replied or replied only for the sake of denial of the contents of the notice.One should not forget that notice is the first bullet fired in the war, therefore, if the reply of the notice is proper, it is seen that 40% of the cases do not reach the Court.

It is very important to reply to a legal notice in a very thorough manner. A well-framed reply will serve as the basis of a Written Statement/objections to be filed in case if any case is instituted against the doctor and/or hospital.

A well-framed notice reply can serve to send a strong message  that the doctor will not succumb to pressure and speculative cases will be fought hard.

It is important to frame the reply with details on the basis of supportive documents like indoor case papers, case history, x-rays, tests reports, reports of the procedure carried out, medicines prescribed etc, which he may be useful at a later stage. It is not necessary to annex those documents to the reply but can keep it ready for use in future.

Mistake #3 Inadequate information to the lawyer

After receipt of a notice, the most important decision to be taken is to approach a Lawyer/Advocate or a Medico Legal Practitioner or defend yourself in the court.If a Lawyer/Advocate is hired, it is very important to give him a complete, honest account of the said incidence regarding the contents of the Notice. While giving details, it is a good practise to make para wise notes and instructions, written either in the margin or on separate paper.

It is advised not to hide anything from the Lawyer, as you never know, how it will surface later.

It is always advised to refer to any books on the area of your specific practice or some article by the expert or on guidelines of the World Health Organisation, United Nations, Government of India, if available.

Reference:Pandit MS, Pandit S. Medical negligence: Criminal prosecution of medical professionals, importance of medical evidence: Some guidelines for medical practitioners. Indian Journal of Urology : IJU : Journal of the Urological Society of India. 2009;25(3):379-383. 

The writer is a practicing High Court Advocate.The opinions, beliefs, and viewpoints expressed by the writers and forum participants on this website do not necessarily reflect the opinions, beliefs, and viewpoints of the editors or publisher of the website. Readers are advised to exercise their own judgement while using the content.