• 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 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
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.
S J Mathew
Advocate, Mumbai
2233 Answers
110 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
44485 Answers
2586 Consultations

5.0 on 5.0

 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. 

Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
34594 Answers
373 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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.
Devajyoti Barman
Advocate, Kolkata
12577 Answers
162 Consultations

5.0 on 5.0

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.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

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
Tania Sharma
Advocate, New Delhi
11 Answers

3.8 on 5.0

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