Vol , Issue Date of Publication: October 01, 1996

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CORRESPONDENCE


Expert opinion in legal cases

The dilemma faced by Dr. Yash Lokhandwala ‘ can be equated to that articulated by Hamlet – ‘To be or not to be, that is the question.’

The answer to the question posed in the last line of his editorial is: ‘Do what your conscience dictates.’. If the doctor wants to ‘just make excuses’, as most are doing, that doctor is merely part of the herd and lacks conscientiousness.

The doctor should study the merits of the case and then extend whole hearted support at all levels and in all courts.

The Maharashtra Medical Council (MMC) with its batalfton of so-called executive committee members formed by the so-called experts can easily shield the doctors. They misuse their status and easily manipulate the outcome in favour of the doctor, howsoever negligent he may be. The complainant should think a hundred times before ever going to the medical council.

What is worse, the manipulated decisions and judgements passed by MMC are quoted in Consumer and Criminal Courts to create a bias in the minds of judges. Judges equate MMC with the Bar Council! This is, of course, far from the truth.

Doctors take full advantage of the above facts. Various medical associations have formed medico-legal cells for the protection of senior consultants and others attached to hospitals and nursing homes. The public is left high and dry, bereft of support from any one.

The need of the hour is a panel of sincere, honest, knowledgeable doctors with unchallengeable integrity who will provide patients and their relatives unbiased medical opinions in writing. Why do you not form such a panel?

References

  1. Lokhandwala Yash: Giving opinions in medicolegal cases – a dilemma, issues in Medical Ethics 1996;4:69.

Herat R Parmar: Consultant Gynaecologist and Obstetrician 4/34/Ramgiri, 7th Road Rajawadi, Ghatkopar Bombay 400077

About the Authors
Herat R Parmar
Consultant Gynaecologist and Obstetrician
4/34/Ramgiri, 7th Road Rajawadi, Ghatkopar Bombay 400077
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