When a case has been filed against Doctor, either in the civil court or consumer forum, proceed as follows :
1. On receiving the legal notice, confirm to the court or forum from where it has been issued.
2. Confirm the date of issuance and also see the date of filing reply.
3. If you are insured with an insurance company, then inform the company in writing along with a copy of the legal notice received by you.
4. Look into records to ascertain when you have treated the patient in question. There is a limit of 2 years for filing a case against you and if the case has been filed after that period then primarily its admission should be challenged.
5. Confirm whether you come under the jurisdiction of the corresponding court or forum and not from where notice has been issued.
6. Before you consult a lawyer, prepare yourself the reply, point wise against the legal notice received by you.
7. Your own preparation of the reply is very important because the lawyer is not well – versed with the technical / medical aspects of the complaint.
8. List of documents to be filed before the court or forum should be carefully selected and well – presented with summary.
9. Case history, indoor case papers – consent clinical records, reports of investigations, x-rays, test results are all very important documents.
10. Along with the written statement prepared against the notice, file references from the medical text and evidence in your support.
11. You can also request the court or forum to seek expert medical advice on the subject.
12. If complainant has produced some witnesses against you, then you can request the corresponding court or forum to cross – examine the witness.
13. Put all you arguments and evidence in reply to the lower court or forum as the higher court or forum hears only revisions petitions.
14. Higher courts or forums will not entertain new evidence.
15. If the judgment is against you in the lower court, you can appeal against this judgment in the higher court or forum.
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