Doctors tend to allow their names and
signatures to be used by labs, ultrasound centers and imaging centers for a
fee. They pre-sign lab reports, fitness certificates, sickness certificates
without actually having seen the patient or the specimen to be tested, leaving
the data to be filled in by another person.
This “selling” of signatures is not only a
professional misconduct liable to disciplinary proceedings before the medical
council, but is also breaking the law punishable under the Indian Penal Code
under Section 191 “Giving false evidence”, Section 192 “Fabricating false
evidence”. And if this document is presented in the Court during any stage of
judicial proceeding, the punishment is imprisonment for up to seven years along
with fine, as per Section 193 “Punishment for false evidence”.
The Supreme Court in the case of
Martin F D' Souza vs Mohd Ishfaq in 2009 also had said, “No
prescription should ordinarily be given without actual examination.” In the
same judgement, the Apex Court also advised against telephonic consultations
stating “The tendency to give prescription over the telephone, except in an
acute emergency, should be avoided.”
Actions have been taken by the State
Medical Councils, the Maharashtra Medical Council and Delhi Medical
Council, in such instances.
For doctors, the interests of the patient
are above all. Ethical earning is a part of ethical medicine. The MCI Code of
Ethics Regulations has clearly banned fee splitting including any other rebates
and commissions (Regulation 6.4.1). “A physician shall not directly or
indirectly, participate in or be a party to act of division, transference,
assignment, subordination, rebating, splitting or refunding of any fee for
medical, surgical or other treatment. “These are unethical practices. And
the money earned by way of these practices, is unethical earning.
Recently, the Medical Council of India has
issued a directive stating that “All lab reports are to be signed/countersigned
by persons registered with MCI/State Medical Council”.
Doctors, even MBBS doctors, should be very
careful about giving their signatures, either on paper or even electronic or
digital signatures, allowing them to be used in any such establishment. It is
vulnerable to misuse, as is also your name.
Doctors are required to inform the police
if their stamp is lost. Keep the record of the complaint with you.
Keep your signature safe. Do not give your
signature to anyone.
Dr KK Aggarwal
National President IMA & HCFI
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