Member's Court

DLS covers each & every problem of the member medical establishments or the member Doctors, which may be from Civil, Consumer, Criminal or other.

Insurance companies only cover the Consumer Cases under Professional Indemnity Insurance & Errors & Omissions Insurance and that too the insured have to make a thorough follow-up with the insurance company and their Lawyers.

As and when any case is initiated on its members and the intimation is given by its member even on phone, DLS take charge of the situation, which includes the impleading of insurance company in the matter.

Since the Professional Indemnity Insurance is a liability insurance, the Insurance Company will entertain the case only when they have been implicated legally for which the insured has to first appoint a lawyer and implead the insurance company legally through Consumer Court.

DLS has its expert lawyers, especially in handling number of medical negligence cases, hence have a good command over the subject.

Insurance companies have their own set pattern of lawyers who may not have any requisite knowledge about the medical science which is a vast subject.

DLS has a team of sincere and dedicated field/administrative manpower in addition to Panel of eminent lawyers and legal advisors who provide door-step services to our members and also take care of the situation, in case of any untoward incident occurred on any of its members pertaining to the misuse of Consumer Protection Act, without any extra fee other than the Legal & Administrative fee once paid by the member at the time of becoming the member.

Insurance companies shall not provide door-step services to its insured and the insured have to approach the insurance company and its lawyers to defend their cases as and when initiated.

After adjudication of the matter, DLS will provide services for malicious prosecution without any cost, if the member desire so.

After the adjudication of the matter, insurance companies does not have any provision of providing the services for malicious prosecution .

DLS has a team of eminent lawyers, legal advisors & Medical Advisors for any type of your queries pertaining to the legal problems of its members free of cost through out the period of their membership

Insurance companies have no legal advisors & medical advisors for providing any query pertaining to the legal problems of its insured. In the case of compensation, DLS shall follow-up with the insurance Company and arrange to settle the claim within the scheduled period.

Even in the worst cases of compensation where the monetary punishment is awarded on its members, insurance companies may not settle the claim within the scheduled period, if the insured is not making any follow-up

Our Membership Coverage

DLS does not guarantee success in all cases of its members. However, it will take up all the legal problems coming out of professional negligence, as and when initiated on its members and provide best Medico-Legal Defense against against Medico-legal Risk/Problems/cases, which includes all Legal Cases / Suits in all nature viz. criminal, civil under any Act or Law, related to Medical service / treatment. The members shall be benefited through its value added personalized services on all over India basis. In case of any emergency of problem, the member is required to just give a telephone / mobile call to DLC and can expect a prompt assistance at the members doorstep. All the legalities are handled by our team of technical, legal & administrative experts, in co-ordination with the Doctor concerned. The Doctors are not only save with their valuable time and money but also from all those extra mental tension and agony.

Do's and Don'ts

Inform police whenever necessary.
Extend all possible co-operation to the police.
Furnish copies of medical records to police, court or relatives whenever demanded. Consent of patient may be taken while providing information to police.
Follow the legal procedures or provisions.
Have a valid informed consent for the treatment(10).
Preserve the documents, records specially in medico-legal, controversial or complicated cases.
Insist for post-mortem examination if the cause of death can't be ascertained.
Involve medical associations, medico-legal cells, voluntary organizations whenever legal problem arises.
Consult your lawyer before giving any reply.
Don't become panicky.
Don't manipulate or tamper with the documents.
Don't do unlawful or unethical acts. Don't issue false or bogus certificates. Certificate was issued on request is no defense.
Don't neglect the treatment while completing legal formalities specially in serious & emergency situation.

How to safeguard Interests (including professional indemnity) Treat cases which fit in your

Qualification
Infrastructure
Competence and skill

Why? Because legal rule is

If you treat beyond the area of qualification, competence and skill then you are negligent per say
Higher the risk under taken higher degree of qualifications, skill and competence is legally required
Treating with inadequate infrastructure may amount to deficiency in service except in emergency

Recognize complications and

Prevent or treat them as soon as possible yourself, if not possible then
Refer to appropriate specialist or
Transfer in a well equipped ambulance, preferably accompany patient yourself or rmo
To a hospital/place with better infrastructure to monitor and treat.

Why? Because legal rule is

You are suppose to reduce risks to health of a patient by giving medical care and
You do not guarantee or warrantee cure,that is what is legally required

How to protect RMP in cases of death which are

Sudden and unexpected death
Death after a procedure or after surgery or after iv and im injection and
In an expected death where a lot of complications have occurred and huge amount of money is spent in treating them then
1. If possible call some doctors to see even when you know that they can not do any thing further or help the patient
2. Never ever transfer a dying or dead patient to other hospital
3. Complete your notes and records first to your satisfaction till then
4. Let terminal oxygen, iv ect. Continue till doctors have completed records
5. you finally declare death, but how ?.

How to declare death?

Ensure your notes and records are complete
Take some relatives in confidence and talk to them about certainty of death. Be tactful and empathetic while declaring death,show genuine sorrow.
Ensure that chief / main doctor is present to declare death and do not do through your junior doctor to prevent later on lots of heartaches and headaches.
While declaring death do not irritate them with pending bill, proposed postmortem, information to police, harsh language, arrogance,pointing out relatives negligence,gloat with "that you have done everything"

How to inform police and ask for postmortem?

You need not inform or take consent of relatives for informing police or asking pm. It is the job of police to ask for consent. When the relatives come back from police station they have cooled a bit and are in a requesting mood.
Law does not recognize, if you give death certificate in lieu of patients relatives giving a clean chit of "no negligence" to doctor.

How to protect yourself from black mail of police, pm doctors, local newspapers, local politicians and local goondas

Police-file a written reply rather than oral statement with indoor case papers
PM doctors-meet them with two three of your friends and relatives and if they ask for money then file a complaint with acb
Local newspapers-file a case with cjm under s. 499 and 500 ipc
Local politician-file a case under s. 383,384 and 506 ipc
Local goondas file a case under s. 383,384 and 506 ipc
Inform local ima or iap branch and ask them to appoint a three member expert committee and get yourself exonerated medically from problem

How to protect yourself from courts

Receive and reply notices and comply with summons/dates
Seek advice of good medicolegal expert/opinion.
Take medical indemnity insurance for minimum 20 lakhs
Seek expert witness affidavits
Submit eye witness to avert allegations of "was not present during emergency”

Salient Features of Doctors Legal Solutions

Available of round the clock service
Legal Services from Lower Courts to Supreme Court.
Legal assistance on Medical Negligience Cases (Civil Consumer, Criminal 304A, 338, 336 IPC, MCI etc.)
Legal assistance on all types of legal acts relating to protection and promotion of public health including
Legal assistance / advice / suggestion from top most professionals.
Service of Medico Legal Experts.
Availability of Legal experts anywhere as per requirement Settlement of compensation / claim if any, from the insure subject to taking insurance coverage through DLS
Free from appearing in court. except when directed.
Arrangement the insurance coverage as and when required by the members under Professional indemnity insurance

General Terms & Conditions

That the membership is valid for the opted period, only after receipt of full membership fee.
That the discontinuation of the membership at any stage is not permissible and no refund of member fee will be made under any circumstances.
That the legal and administrative charges, if any, once paid by member is non refundable, irrespective of the fact that whether the member has availed company’s legal service or not during the period of his / her membership.
That any default in payment due to any reason may attract the cancellation of membership, without any refund.
That the Pre-membership case of the doctor members shall attract the stipulated legal fee which shall be decided by the panel of lawyers of the company, based on the merits of the case
That the cash transaction is strictly banned and the company shall not be responsible for the transaction, if any, made through cash to any employee of the company.