Public Accountability

Arvind Kejriwal is in the news over last few weeks for his fight against corruption. There is a view point that he is over active and may be exceeding his limits even by falsely implicating people. Under his attack in the recent past have been Mr Robert Wadra, Mr.Salman Kurshid and now Mr.Nitin Gadgari. Well toady's TOI reports that even the Income Tax department can smell a rat in the affairs of Gadkari s Companies, some of which are suspected fictitious with Drivers and such like people being its directors. In such a situation the drive against corruption and to make these so called Public figures and National leaders accountable to public cannot be discarded by us. Kejriwal should therefore get his due credit.

Free Education for Children

In the Case of Environment & Consumer Protection Foundation Versus Delhi Administration & Ors. decided on 3-10-2012 the Hon'ble Supreme court directed as under: ( As reported by Supreme Law a wonderful law site containing latest decisions of Supreme court of India) Constitution of India, 1950 - Article 21A - Right of Children to Free and Compulsory Education Act, 2009 - Section 31 - Monitoring of child’s right to education - Direction to all the States to provide toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, appointment of teaching and non-teaching staff etc., if not already provided, within six months from today. These directions are applicable to all the schools, whether State owned or privately owned, aided or unaided, minority or non-minority. Directions in the case of Society for Unaided Private Schools of Rajasthan v. Union of India and Another (2012)6 SCC 1 reiterated.

A TRIBUTE TO SHRI R.N. TRIVEDI SR. ADVOCATE

My Senior Shri RN Trivedi, Sr Advocate ; practising at the Supreme Court of India ; Former Advocate general of Uttar Pradesh and Former additional Solicitor general of India ; at whose feet I learned my first lessons in Legal Practise Sadly Passed Away yester day. May his Soul RIP.

Using vocational service to build peace By Rotary International President Tanaka

By Sakuji Tanaka, in English and Japanese In Japan, we place great importance on the value of work. Whatever we are called to do, we should do it to the very best of our abilities, with dignity and with pride. Whether the job is running a country or shining shoes, there is honor in every vocation. I grew up embracing this belief, but I had never stopped to contemplate it. One day, in my third year in Rotary, we had a speaker at our club who talked about the purpose of one’s livelihood. He asked, why do we work hard? What is the importance of our work? I had never thought about this before. I never saw it as a question. We work to earn money. We work to be successful. We work because it is required of us. To me, this was all. On that day, I learned about the idea of vocational service. It was the idea that through our work, we can serve others. We think about others’ needs, and grow to care more for the needs of our communities. We build positive connections between people, and a more peaceful world. This is the idea that has changed my life. It did not change how much I worked, or how hard I worked. But it changed why I worked, and how I experienced my life. It has made me see a higher purpose in everything I do. The idea of Service above Self is an idea that is unique to Rotary. But it is an idea that can be embraced by anyone. And I believe very much that in Rotary, and beyond Rotary, we can build Peace through Service.

TALK DELIVERED ON “SAVE YOURSELF FROM MEDICO LEGAL COMPLICATIONS” AT KGMU IN LUCKNOW OBSTRECTICS & GYNAECOLOGY SOCIETY ON 16-10-2011

Hello every body; It was a pleasure to hear the medical experts on the intricate medical subject of PPH for last few minutes. I think now we need a mood change and for some time switch to legal issues for which I am here before you this evening. The journey of medical negligence cases in Consumer Courts started with the judgment of Indian Medical Association versus V.P. shantha of the Hon’ble supreme Court of India in the year 1996 when it held that the medical professionals ; hospitals ; nursing homes were all covered under the definition of “rendering service” under the Consumer Protection Act, 1986 and hence would be amenable to the jurisdiction of Consumer Courts. Thus started a big spate of medical negligence litigation in this country. Law has developed a great deal on the subject of “Medical Negligence” since then; any amount of time to discuss it all would be less. Briefly stated all that the law expects from a doctor is to exercise their ”duty of reasonable care and skill”. The word “reasonable” in itself speaks volumes that if a doctor has done what a reasonable and prudent person would have done in diagnosing and administrating treatment on the patient then irrespective of the outcome of such a treatment no finding of medical negligence can be recorded against a doctor by any court. Today I am supposed to tell you about some tips by which you can save guard yourself against legal cases. Well the list can be unending yet however I am going to emphasize on some very important tips. Judicial trend shows that the courts give due weightage to proper records. Be it the doctor’s prescription ; the case sheet or the operative notes. Hence much attention must be paid to proper documentation; recording of complete diagnosis of the patient ; the history ; the tests prescribed and the treatment administered. The hospital records are primary evidence of proper procedure duly followed in treatment of the patient. Non production of hospital records in the court may draw an adverse presumption against the hospital in the court proceedings. I recently handled a case in which a district consumer forum awarded compensation against the hospital for incomplete records i.e. it was a case where a lady patient who came for pregnancy was tested “positive for HIV” and even though she was advised retest by the hospital “all verbally” the records were silent. The complainant built up a case that she was harassed due to positive HIV report and which caused her mental anguish and the hospital never informed her of retest. Believing the case of the patient the consumer court awarded compensation in her favour. One single endorsement or “written advise” for “retest” could save the hospital of unnecessary litigation. The hospital has filed an appeal in the U.P. State Commission. In yet another case the hospital records could not come to the rescue of the doctor due to very cryptic operative notes. I have come across so many “operative notes” which are so elaborate in themselves that the courts take it as a complete defense of the doctor in so far as the methodology of treatment or as the “standard medical protocol” of treatment. Omission to draw a proper prescription at the time of the first visit of the patient to a doctor insofar as the diagnosis is concerned; or the tests advised ; treatment prescribed ; always leads a medical practitioner in to legal trouble. It should be always remembered that even though the prescription drawn by you remains with the patient ; yet however to establish a case against a doctor in the consumer court the patient will always file/rely on your initial prescription to establish a doctor patient relationship in the court. Thus if a doctor’s prescription is complete in itself it will become quite difficult for the complainant to prove you guilty of medical negligence. I recently also came across a case where the initial legal notice sent by the patient was ignored by the hospital/doctor. Result was that subsequently the patient filed a court case and somehow the notices remain unserved to the hospital by the court for a long duration. The hospital thus had no clue of this case and they did not preserve the hospital records of the patient. On a later date the court served the notice, naturally the hospital/doctor was clue less about the details of treatment administered on the patient; putting them under great stress. Thus proper and timely response to the initial legal notice would not only have helped the hospital to set up an effective defense to the case but also ensured preservation of the most important and vital hospital records. I am sure these “few” but “very important” points/tips will help you safe guard yourself from legal troubles. I have always welcomed effective interaction between the audience and the speaker and hence now I request you all to pose specific questions. Thank you!!!