Assume some doctor suffers from loss of reputation, mental agony &loss of earnings from malicious & frivolous prosecution of criminal negligence by some patient's family and MEDIA coverage of this case..
Can that dr. sue that patient's family for defamation,baseless prosecution and loss of reputation?
What punishment is there for such patient & his relatives?
If that dr.'s damages cost rs. 50 laks can that dr. get that amount as compensation from pt.'s family in court proceedings?India
2007-07-04 09:37:59 · 3 answers · asked by aparajit 1 in Politics & Government ➔ Law & Ethics
Why you assume only 50 lakhs why not 1 crore? It’s easy to say then done. The amount of court fee the doctor has to pay in such compensation case itself will be in thousands of rupees with no grantee that he shall be winning his claim fully or in parts only. The very fact the criminal proceeding failed to hold him guilty for negligent in doesn't mean that he gets free pass to claim any such claim, pleading his loss of reputation, mental agony & loss of earning from such criminal case unless he is able to provide sufficient evidence regarding the malice of the patient's family in making such criminal complaint. The evidence required for malice is not so easy to get & even more difficult is the evidence that such complaint was made with an intention or knowledge to destroy the reputation & give mental agony to him by the family of such patient. Yes definitely if he has evidence to prove the malice of such people in involving him in such criminal proceedings then he can get compensated by the civil court with a reasonable compensation not the one he has claimed but one which the court feels will be reasonable & fulfils the ends of justice based on his reputation & his actual professional income for the last few years.
2007-07-04 14:45:07 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
The doctor can file a case for defamation. However, he shall be able to prove with cogent evidence that he was defamed intentionally. Since this is a criminal case, he has to prove it beyond reasonable doubt. Though, this is not impossible but very difficult.
If proved, the punishment is simple imprisonment for a term which may extend to two years, or with fine or both.
As far as the claim for damages is concerned, the doctor may claim any amount as compensation but he has to pay appropriate court fee and also to show the court that he is worth of it. Court considers the amount of damage to his reputation, mental agony, loss and then decides the amount of reasonable compensation in the circumstances.
2007-07-05 19:16:30 · answer #2 · answered by murali k 3 · 0⤊ 0⤋
It will all depend on the judge since it is hard to put a figure on the value of a person's reputation and mental and physical suffering caused by malicious intent.
2007-07-04 09:42:54 · answer #3 · answered by The Guru 3 · 0⤊ 0⤋