Medical Certificate legality
I am 56 year old doctor on a government. I was diagnosed with blocked arteries, dysfunctional kidneys, lungs and I lost vision of an eye around 6 months ago. I consulted Dr AP Arora at National Heart Institute (delhi) in on April 22, 15 and May 11, 15 twice. Both the times he prescribed bed rest for 2 weeks from the date of prescription. After that my health have been relapsing, critical and I was admitted thrice in different hospitals. So I and my family was occupied in taking care of me. Now I have begin to get better and I tried to get medical certificate for those two dates and prescription for two-two week bed rest to submit at my job, but the administration is telling me I could have come within a month from last prescription, now they won't give me the certificate and as it is illegal now.
It doesn't Add up somewhere, is it really Illegal? I am not asking them to change the dates!
Asked 1 year ago in Family Law from New Delhi, Delhi
1) It is not illegal to issue a medical certificate backdated of you had indeed consulted the doctor as you described.
2) It is possible that the concerned hospital may have policies that disallow complying with request after a stipulated period. However as you need it to be submitted for purpose of your employment or reimbursement the hospital ought to comply. You are not demanding the hospital anything illegal.
3) Do send a legal notice to the hospital concerned to issue the certificate.
1) you should request administration to please furnish reasons in writing why medical certificate cannot be given now
2) ask them to state on what basis they state that iit is illegal now
3) fact that you were seriously ill and advised bed rest is not in dispute
4) medical certificate should not be denied by relying on technicalities
it is legal to get a medical certificate for those dates which were advised to complete bed rest.
The prescription and diagnosis sheet will show that you have consulted and your diagnosis of such serious ailments needed bed rest.
Moreover medical certificate is issued always after the dates of advise and when one is back in the work, substantiate one claim that he was advised for bed rest.The doctor issues it with the present date which mentioned the dates of treatment
If the hospital/doctor concerned do not issue the certificate and if you think it is necessary that you should get it , send them a legal notice also mention the loss and consequence of not submitting certificate can cause, and hold them for liable to your loss.
If you were advised bed rest, the doctor's prescription would be available with you?, Without th doctor's proper advise you would not have taken the decision to rest hence you should write to the hospital authorities to issue you with the MLC appropriately under a registered post giving details and a copy can be endorsed to your administrative authorities as well. This will protect you from the administrative action for your absence from work.
I know no law which mandates that a certificate given after a month would suffer from the vice of illegality. The doctor is bound to provide the medical certificates, failing which you can sue him in the Consumer Forum for the delivery of certificate and damages.
1. It is certainly not illegal and I am not sure why they are refusing to issue such certificate.
2. Ask the consulting doctor to issue such certificate.
I am sure he will issue the same.
1. Take a certificate from any other doctor with the advice to get admitted in a hospital and also take rest,
2. it is not at all difficult to collect such a medical certificate when your case is genuine,
3. You can submit such certificate with the supporting evidence that you were admitted in the Hospital as advised by the said Doctor.
we can always ask them for the specific verifications however the same has to be done by ourselves, and pursued through you. you may come and see me i have an office in haus khas and get a more specific answer
Advocate, New Delhi