Lawfully yours: By Retd Justice K Chandru

Chennai

Unethical practice by doctor can be taken up with Medical Council

My sister got admitted to a private hospital for delivery. As per the scan reports and tests, she was healthy and due for normal delivery. But the doctor-in-charge insisted on a c-section. They cited health issues. We finally ended up with bills three times what it should have cost. I am quite sure that this was done just to fleece us. What legal route is there for us to get someone to enquire into this unethical practice?— (Name withheld on request)

Such complaints are often heard with private hospitals. However, they escape by saying the advice was to save the mother and child. Normally, a deficiency in service (medical treatment also) can be made as a complaint before the consumer court, claiming damages. The Supreme Court has made it very difficult for the normal courts to decide on such matters without expert medical evidence. Even in cases of criminal complaint of medical negligence leading to death, the Supreme Court has ruled: “A private complaint may not be entertained unless the complainant produces prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge negligence [Jacob Mathew v. the State of Punjab, 2005 (6)SCC 1]. If your only interest is to punish the doctor for unethical practice, you can also file a complaint before the Tamil Nadu Medical Council. But then the council will have only doctors who are elected by other doctors.” Even to claim insurance, one has to register an FIR

A minor riding a bike without a licence or insurance banged into my car. I was not injured but my vehicle got damaged badly. I caught him, took pictures and called his father. His father pleaded not to make a police case and let go of the boy as he was a minor riding without a licence. I agreed as the boy’s father assured me to cover the damage cost. I repaired my car and sent him the bill, but he is feigning ignorance and acts like he does not know what I am talking about. I can get the damage covered by my insurance but am so upset with his behaviour. What step should I take?

— Parthipan, Kolathur

Any private arrangement without proper legal safeguards will only result in such frustration. Even to get the insurance to repay the money, you should have registered an FIR. Now it is too late.

Residents' association, bylaws needed to ban keeping of pets in flats

In our 18-storey apartment at Ram Nagar, Puzhuthivakkam, some owners allow their tenants to keep pet animals like dogs, causing inconvenience to others. Those at the receiving end are not able to question this for want of an owners’ association and society rules. How can we prevent this and what do the rules say?

—Srinivasan K (via email)

You can form a Resident Welfare Association and get it registered under the Tamil Nadu Societies Registration Act, 1975 or under the Apartment Ownership Act, 1994 and provide a bylaw banning the keeping of pets in the apartment. Unless you have an association and have its bylaws, it will be difficult to prohibit the keeping of pets. In such an event, only when there is a nuisance committed, you can make a specific complaint to the police.

Intellectual rights have to be specified in contract

I am a freelance designer. Recently, I entered into an agreement with a company wherein they want me to sign a contract saying all the commissioned works belong to them. However, I have a certain style of artwork I use for different projects. Will they be able to sue me later if I produce similar work for other clients? How do I protect myself?

— Niketan

You must rewrite the contract providing for the safeguarding of your intellectual property rights over a certain style of artwork. If you do not do that and bind yourself regards selling that particular artwork, then you may be in trouble while providing similar artwork to other clients.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns