The Supreme Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and nor a doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful.

The Supreme Court of India in an important decision said that if in case the advise given by a doctor goes wrong in some way, despite of it, no case under section 420 of Indian Penal Code or something like that can be registered against him/her.

You should also consider sending a notice to the patient's family stating his conditions, as well as the repercussions they are going to face, if the patient does not adhere to the treatment. This will reduce your legal risk, if a case of medical negligent or malpractice is lodged against you or the hospital.

For any other queries, feel free to call.

Regards.

Send an email to his family informing them that son does not adhere to treatment and there are possibilities that he may commit suicide if he does not take his medicine

2) if you don’t have email id send letter by regd post to his family in this regard

1) You may contact his family members and tell them situation of his illness and what treatment require further.

2) SEcondly you may give complaint police station and make aware of the situation and your duty rules as per the Medical Association

Please call me via consultation call.

Ask patient to sign release form that you shall not be liable in case patient does not follow the prescribed line of treatment

refer him to any govt. hospital other wise their family may target u

Hello,

There must be a record of the patient and it would help in case of any unfortunate incident . Police will duly investigate the case and if they find any kind of complicity they will proceed.

Hope this helps.

Regards

Firslty, if there is someone in his family then I advise you to somehow try to contact them, please keep the records of your effort made in finding them.

Secondly, if no one is coming out or responding to your requests then yes you can get the same sign from only.

Thirdly, as the medical practitioner in any of its field it is the duty of the doctor to think about the well-being of the patient. Whatever you been doing is sufficient as per law as the illness is itself of that nature that no one can help further if the patient doesn’t do for himself.

So, please go free to treat him further.

There is no such procedure to get a release from from the patient. The next doctor in place of you will look after him. You may explain or leave a detailed chart of the patient you had seen.

you cannot be made responsible once you leave the department upon completion of your tenure.

As he is under treatment, getting a release form or anything shall not be legally binding. However, publish in local dailies about him and seeking his contacts whereabouts. File a complaint in the local police station.

1. you are not liable in any manner whatsoever

2. nor would you become liable in future in the event your patient commits suicide

3. it is upto the patient to comply with and adhere to the treatment given by the medical professional and the onus cannot be put on the professional to ensure that his patient adheres to the given treatment

4. taking any release form from the patient will also not serve any purpose.

5. the patient has approached you with a psychological problem, thus even if he signs such a release form, it can always be alleged that the form was signed by the patient without his faculty of mind

6. the best approach in this case would be to write a letter to the local police station informing about the suicidal tendencies of the patient

7. such a letter will only be for record purpose and to safeguard you in the future by showing that you did all what you could in your capacity to help the patient and it will show your bonafides

8. you must specifically write in the letter that no criminal action be taken against the patient (since committing suicide or attempt to suicide is a criminal offense) but only to keep an eye on him

9. if the police approaches him then it will defeat the very purpose of the treatment which you intend to give to the patient

10. the letter to police will only be for the purpose of record and file of the police and requesting the police to keep an eye on the person so that he does not commit any criminal offense due to his psychological problem

You can get such a release form signed by the patient which can help you later and it needs to be drafted properly by an advocate.

You are a psychologist, so you are the better judge of the situation.

You cannot enforce an agreement obtained from a mentally unsound patient.

However you can obtain an agreement from his parent or caretaker to avoid legal issues that may arise in future.

Alternately you avoid attending the patient now itself.

In a profession all such things are normal and routine hence you should develop the courage to face all kinds of situations.

Will making him sign a Release Form stating that we are not liable for any eventualities in case of non-adherence of treatment reduce my exposure? If yes, can you please share a format?

This would be an incorrect procedure since the agreement, if any obtained from him may not be enforceable in law considering the patient's mental ill-health condition.

If you are afraid of this patient, you cannot handle any patient in future too because there will be more patients with more dangerous exposures.

If you are sitll scared, you may avoid treating this patient.