Will that be false charge or proceeding against some doctor?see details India.?

Question

Imagine some patient's family institute malicious, frivolous charge & proceeding of criminal negligence against some doctor ;
despite knowing that there is no just or lawful ground for such charge & proceeding.
They do so with intent ;
to take revenge of their relative's death under that Dr.'s care,
to cause sufferings to Dr
to cause harm to his reputation & professional status.
Can that aggrieved Dr. prosecute that patient's family for instituting false charge & proceeding in criminal court of India?
Can that aggrieved Dr. get monetary compensation for all damages he suffered because of them in civil court of India?

Answer 1

Definitely any wrong criminal complaint against any person with an intend of insult & defamation to the reputation of such person can be compensated by monetary compensation, that will depend on the actual disclosed income of such aggrieved person for last few years & the actual damage in reputation that will effect his income in future by such insult or defamation caused to him by the respondent. Here such a doctor can claim sch monetary compensation for damages he suffered because of these people if he is able to prove that such act of these people were done with an intend to only harm his reputation & bring damage to his professional standing & income.

Answer 2

I do not know exactly if India courts work the same as other nations. The reason for this is that every society develops a coherent jurisprudence in concert with the evolution of its society.

For instance, although much of India's modern laws evolved in concert with the British system. The significant facet of British law which is trial by jury, suffered abolishment by the Indian government.

Usually in a British class of jurisprudence one cannot sue for malicious prosecution, unless there is clear, undeniable, conclusive proof that those complainants lied to the prosecutors or police. Further they lied with the intention to injure. It is a perjury and obstruction of justice.

In order for the physician to recover costs, he or she becomes the plaintiffs and then the onus on proof reverses. Again the doctor can do this if he or she can prove that these damages were intentional. The doctor can also sue the state prosecutor if that prosecutor was negligent in pursuing a prosecution without due diligence which is to make sure that the testimony of the prosecutors witnesses would or was accurate and truthful as can be.

Usually most Doctor's carry insurance on this and it is the insurance company that covers the legal costs and damages if any. I rather suspect that the lawyer's costs were covered by this sort of insurance. This insurance is standard legal luggage for any medical professional in the modern world.

However the damage to reputation especially in a nation with the ancient cultural heritage that India possesses carries more impact socially. The doctor could move to another part of India and reconvene his career quite easily.

I am not worried about that. What I am worried about is the mental impact on that doctor. Often most normal individuals suffer enormously psychological pressure during lengthy legal proceedings. While the cause may be just dragging that person back into another judicial maelstrom is not a good idea. Sometimes it is better to move on regardless of the outward justice of seeking vengeance.

Remember that this is a Hindu society. According to the lessons of the Gita we all have lives to live and often this is preordained. What we do during our mortal lives will determine future lives. There is virtue in accepting what is. A win is equal to a loss.

If this person was what is called a western doctor from the rather barbaric European nations then the personal image would not suffer as much. But heritage comes into a play when one is a valued member of an ancient advanced society. One cannot look at this in quite the same manner from that western perspective.

What I am working toward for you is an explanation is that a lawyer who provided the doctor's council in court already asked the same questions, and likely in the very same manner and very same list as you have done.

For that reason I rather suspect the doctor would likely state publicly and outwardly that he was thinking about it. If he hasn't taken any legal action, as time drags on it is not likely he will pursue litigation. He is likely sick of it. He could get little from the complaining family in any event. As a good Hindu he likely feels that Lord Krishna will assure that these people will be rewarded appropriately when its their time.

As people who think otherwise, who come from a more European attitude this acceptance can appear strange but we cannot stand in the shoes of the abused doctor. Not even his relatives, nor closest confidantes can do this. What we can be is supportive and hold good thoughts for a proper disposition of justice.

The most likely thing that will happen is that the doctor will leave for another part of the great nation where time and distance can soothe the wounds of life's little adversities much better than a embroiled court room war. We all can only hope for the best.

Answer 3

I dont understand approximately in India, yet right here in the U. S., scientific malpractice suits could be valid before being allowed to be filed. right here in the U. S., until the affected person has died or grew to grow to be disabled because of the fact the end results of a docs misdiagnosis or treament, there are no longer grounds to even document the tournament. In a case of fake rates, then the police (or courts) would be those to prosecute. i do no longer think of that the MD can document for damages different than perhaps courtroom expenditures.

Answer 4

I don't know about india but here in america yes the doctor has grounds to sue for defamation of character, slander, filing false documents. etc