Legally Yours: By Retd Justice K Chandru

CHENNAI: Doctors feeling insecure after the Kolkata horror are demanding a central Act to protect them, despite there being many constitutional provisions to safeguard the interests of the medical fraternity. I too empathise with medics who at times have to serve round-the-clock, and women doctors who risk sexual predators. But I feel the predicament of the common man visiting a government hospital with anxiety and hope is not taken into account in a whole lot of discussion, blinded by a horrific incident. There is a minuscule number of doctors who are punished in independent India for medical negligence, while in developed countries like the US, thousands are sued for medical malpractice every year. When the improvised masses of the nation dependent on government hospitals are left powerless to take on erring doctors in case of medical negligence or other sorts of injustice, is it right to keep building more 'protection' for the doctors alone, which may instead of safeguarding genuine medics needing support end up helping those erring doctors to protect themselves against the arms of justice?

— RB Ramachandran,

Medavakkam, Chennai

Answer: Even if you make any number of laws to protect medical professionals, the implementation of such laws is tardy and unsatisfactory. That they should be protected from assaults while on duty is different from the case of ones who are negligent and need to be punished. In the case of medical negligence, the courts are demanding greater proof

and that’s why most suits fail. To speak about one doctor’s professional negligence you need another expert opinion. But that is not easily available. No medical expert’s opinion is easily available to the court since a guild mentality is there. One doctor will not expose another of the same breed.

In the case of corporate hospitals, nothing can be achieved as theyare tightly knit.

Question: I worked in a dealership company from Feb '16 till May '22. From Feb '16 till Dec '16 I was under contract and I got confirmation on Jan 4, 2017. From then till May '22, I worked as a confirmed employee. I joined another company in June 2022. Recently I applied for the PF claim in the EPFO portal. My claim was rejected citing the reason, 'Date of joining was furnished as Jan 4, 2017, but contribution received from July 2017'. I got confused and checked the EPFO passbook and noticed that from June month only both employee and employer contributions have started. Can I take legal action on this?

— Manoj Pranev

Answer: For the period there was no deduction of PF and matching contribution by the employer you can complain to the Asst. Provident Fund Commissioner of your area and he can take necessary action for recovery.