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How to deal with false allegations of medical negligence


13-Jun-2023 (In Criminal Law)
one of my friend's father is a doctor practicing in . He has been arrested by the police, coz acc to them he gave medcine for dehydration to the patient but she died. but the post portem report hasnt come till now.it has been 3 days. they are saying it will take 15days to come. Acc to the doctor, he gave the medicine and asked her parents to get her admitted which they did not. now the lawyer is saying it will take 15 DAYS to get a bail. Also the IMA is least interested to intervene. plz suggest
Answers (3)

Answer #1
687 votes
No lawyer can say how much time will require to get bail. It may be granted on the very first day of the motion stage of the bail petition or some time may be required also. It will depend on the supporting documents as well as on the compatibility of lawyer and other factors also. However it would be wise to contact a good reputed lawyer as early as possible.
Answer #2
661 votes
Dear friend,
You have not referred to the sections under which he was arrested. However, as know from you have rightly applied for bail which in my opinion may be granted in interim or after perusal of case diary considering the alligation. Your advocate may pray for interim bail.
Answer #3
922 votes
First how come you are so sure that its a false allegation, do you sit with the doctor when he deals with his patients. If yes, than you are a good witness to get the doctor freedom within a couple of years. And if not, then don't worry, as the doctor is already behind the bars the best act now is to keep calm and have peace, Law will take its own course and the doctor shall be bailed out soon max 90 days. But the main story shall begin when the trail starts. Then help the doctor by engaging a good criminal case practising lawyer, discuss the case on regular basis and assist the lawyer in what ever way you can to built up a good defence, than. Lastly for the advice part if the bail is rejected in the session court there is only one way that is high court. And at the present stage of the case you cannot fast forward the procedure just go by your lawyer'seriously adevice and you can change your lawyer at any time by obtaining a NOC from him, if not satisfied. I know the doctor is innocent but as he got caught in legal obligations his duty now is to stay calm and prove his innocence legally.
Till then stay happy and take care.

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