Action against doctor for performing 16 weeks abortion

954 votes

In this case, the doctor can be held accountable under the Medical Termination of Pregnancy (MTP) Act, 1971, if it is proven that the abortion at 16 weeks was conducted without meeting the legal requirements. Under the Act, abortions beyond 12 weeks but up to 20 weeks are allowed only if there are risks to the mother’s physical or mental health, or if the foetus has abnormalities. If neither condition existed and the abortion was performed solely on your wife’s consent, it could be a violation of the law. You can take the following steps: File a Complaint with the Medical Council/Board: Lodge a complaint with the State Medical Council or Medical Board against the doctor for professional misconduct and violation of the MTP Act. They can conduct an inquiry and take disciplinary action, including suspension of the doctor’s license. File a Criminal Complaint: You may also file a criminal complaint under Sections 312 and 315 of the IPC for illegal termination of pregnancy. Since the doctor and your wife have falsely implicated you under Section 313 IPC, you can also file a counter-complaint for filing a false case and defamation under Section 211 IPC. Consult a lawyer to draft these complaints with proper evidence.

Advocate Kiran Ashok Gangurde LawRato

901 votes

Dear client based on your query, it may be prudent to explore avenues through medical malpractice laws and consider filing a complaint with the Medical Board to address the alleged misconduct of the doctor involved, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.

Advocate Kalpana Sanap LawRato

583 votes

Dear client, If the doctor deems abortion necessary for the mother's safety, it can be performed with proper justification. To counter the false IPC 313 charge, provide medical documents showing the mother and fetus were in good condition before the procedure. This requires detailed discussion.

Advocate Anish Palkar LawRato

663 votes

The Medical Termination of Pregnancy (MTP) Act of 1971 in India permits abortions up to 20 weeks of pregnancy, but with certain conditions. Conditions for Abortion up to 20 Weeks are as follows : 1. Risk to the mother's life : If the pregnancy poses a risk to the mother's life or health. 2. Fetal abnormalities : If the fetus suffers from severe abnormalities or mental/physical disabilities. 3. Rape or incest : If the pregnancy results from rape or incest. 4. Failure of contraceptive methods : If the pregnancy occurs despite using contraceptive methods. However, abortions beyond 20 weeks are generally not permitted, except in exceptional circumstances approved by the courts.

Advocate Pankaj Bajaj LawRato

635 votes

It is ok if you have given the complaint jn medical but you can also complaint to the doctor itself if he/she has done any wrong and committed the act which is not nit legal in the eye of law. Would be more effection if the legal notice is sent to the doctor itself

Advocate Mahrukh Khan LawRato