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Dr KK Aggarwal & Advocate Ira Gupta 30 June 2020
No, the patient cannot dictate to any doctor as to what to write and doctors have to follow their protocol. As per the provisions of Clause 7.7 of the Indian Medical Council Professional Conduct, Etiquette and Ethics Regulations, 2002, the name of the doctor will be deleted from the register of Medical Council, if he is found to have signed or given under his name any certificate, report, etc. which is untrue or misleading. The provisions of Clause 7.7 are reproduced hereunder:
“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. Such documents, among others, include the ones given at Appendix –4. 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.”
Thus, in view of the above clause 7.7, if the doctor writes what is dictated by the patient without following the proper protocol, procedure and the same is untrue, misleading or improper, then the Medical Council of India or the respective state medical council will delete his name from the Register of the respective Medical Council in which the doctor is registered. Accordingly, the doctor shall be debarred from practicing medicine.
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