Medical Certificate - Ethical and Legal Issues

Medical Certificate - Ethical and Legal Issues

Medical Certificate is a statement from a physician or other health care provider that attests to the result of a medical examination of a patient.
This is a document issued after a medical examination, which usually constitutes acceptable evidence in the court of law. Medical Certificate is a legal document and it can be challenged in the court of law.

Medico-Legal experts recommends the following guidelines regarding issuing of the medical certificate:

1. Never give it for more than 15 days.
2. See the Patient again after 15 days and reissue.
3. Even in repeat cases, make sure that he or she is the patient, identify the pt. By photo I. D. Card, and then issue. Not to the attendants.
3. Avoid issuing a certificate for diseases that you are not treating / or trained to treat. (Other Disciplines)
4. Describe the disability at best as you can even if you don’t know how to grade it.
5. MOST IMPORTANT*It is a legal document*
Even if you print otherwise, it is admissible in court & you can’t say, ” that it was not intended for legal purposes”
6. The certificate must address a particular person….” like Principal of the school, employer, etc. Don’t write whomsoever it may concern.*
7. Never give from backdating.
8. Never give without your OPD days.
9. Never give fitness on an advanced date or backdate.
10. Never give fitness, if Rest gave by somebody else.
11. Give if you can justify the disease or ailment and duration also for that particular disease.
12. If there is no disease, then always ask purpose why are you want to take medication, then only give 2- 3 days If someone’s family member in severe life-threatening to attending him on humanity ground, pl verify it before giving, because opinion can differ person to person.
13. The physical presence of the patient is a must. May be at abroad or heavenly abode. So never write down PNB (Patient NOT Brought)
14. You are responsible for class one gazetted officer verifying the physical presence and attendance.
Legally and valid document in court to justify the presence and absence of accused and deceased at the scene of the crime.

As per the MCI regulations of 2002 -

1.3.3 A Registered medical practitioner shall maintain a Register of Medical Certificates giving full details of certificates issued. When issuing a medical certificate he / she shall always enter the identification marks of the patient and keep a copy of the certificate. He / She shall not omit
to record the signature and/or thumb mark, address and at least one identification mark of the patient on the medical certificates or report.

7.7 Signing Professional Certificates, Reports and other Documents: Registered medical practitioners are in certain cases bound by law to give, or may from time to time be called upon or requested to give certificates, notification, reports and other documents of similar character signed by them in their professional capacity for subsequent use in the courts or for
administrative purposes etc.

Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register.