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legal liability

legal liability of Inaccurate /False Certification

1.         When a certificate Is admitted In a court of law as evidence, and proved to be false, the one who has issued It is liable for the same punishment as giving false evidence (ranging from 3 yrs imprisonment and fine to life imprisonment)             

2.         Wilfully and recklessly issuing a false certificate is professional         
           
misconduct as per Indian Medical Council, punishable by striking
            the name of the medical register. 

3.         Alterations / additions in certificate with intent to deceive, attracts     charge of forgery, liable to two years imprisonment and fine.

4.         Liability for civil or criminal negligence charges in a suit filed by a      person who suffered damages while acting upon such a certificate.

Important aspects of issuing certificates

v      Lt’ is customary not to give certificates to closest kith and kin.

v      Conduct certificate to closest relatives is to be avoided.

v      Only on letter head of the doctor

v      Date, time and place of issue

v      True, clear, no ambiguity, clearly worded according to specific purpose for which issued.

v      Limited to actual period when person has been under doctor’s observation.                         

v      Not to disclose the diagnosis without patient’s express consent, unless required by law.                      

v      Two idenification marks to be noted in the certificate or left thumb impression.      

Duplicate copy of every certificate issued to be maintained by the doctor

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Dr. Bijaya Kumar Mishra

President

IMA Orissa State Branch

Dr. Kamala Kanta Panigrahy

Honorary State Secretary

IMA Orissa State Branch