A hospital provided medical records in paper and electronic forms. It also provided two letters -one on its letter head and the other on plain paper with the sign and seal of the Medical Superintendent. The same information is also in an email from the hospital administrator email account. The hospital also does not have any documented process for providing medical records. Based on the contents of the records, I filed a complaint for medical negligence. A preliminary enquiry was conducted and sufficient grounds found to register a case. The hospital has also finished cross examining me in the case. Now the hospital is providing a new medical record along with a letter and claiming that this is the authentic record.They are contending that the letter provided on paper -even with sign and seal is a forgery.They have also deleted the administrator email account How can I establish that the records I have are the authentic ones that should be used in the case? The hospital had the responsibility to deliver medical records to me correctly and if it was worried about forgery it should have put all information in one letter on its letter head and sent it to me by register post. It is also at fault for not having any documented process in place. The hospital has participated in the enquiry and even finished cross examination without raising any issue about the records. It is only now when I asked that certain missing parts with crucial evidence be submitted to the court -all this is happening. (I am arguing the case myself since I understand medical process quite well. This case is in the medical council) Can I take action against hospital for its antics in manipulating medical records?
Issue has not been raise at the earliest in reply will not be consider by court and now bringing such such document with changed version will not be permitted. Object the same to be taken on record.
Documents provided to you by hospitals are reliable and for any different report, they are responsible.
1. It is not clear whether in cross examination of yours the issue of forgery ever cropped up.
2. if not then the hospital would make terrible mistake by bringing this forgery issue as on the contrary it would be liable for committing forgery by bringing the fabricated document.
3. So once they file the forged document file a petition for sending the same to FSL so on the basis of its report a case of forgery can be started against them.
4. You have a good case. So continue with it.
Burden of proof is upon hospital to prove that you have relied upon forged documents
2) if documents were forged they should have in reply contended so
3) it appears to be an after thought
4) it is doubtful that MCI would believe cock and bull story given by hospital
Yes you can create the doubt and show difference in documents now produced by hospital and the documents earlier given to you. The court will draw adverse inference in the same
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, forgery, breach of trust, against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Dear sir
Yes you can file criminal case against hospital for manipulation of document as you have proof in emails
The case can be registered under IT act also and under sec 340 CrPC you can file complaint for producing false documents. The cyber cell can easily track the IP address of the email ID from which the mails were sent to you.
Dear Sir,
You must file complaint before MCI against such individual doctors for unprofessionalism and their immediate suspension. You can lodge police complaint against them. You can easily win to establish.
The hospital's mal intention and unclean hands is thus proved when they've submitted the manipulated records.
Court cannot accept their statement at this stage.
You can put forth your arguments strongly.
