Doctor Not Liable For Providing Medical Certificate With Personal Details To Patient's Spouse, Palakkad District Commission Dismisses Complaint

Brief Facts:

Miss Amrutha (“Complainant”) was being treated by Dr Deepa Nair (“Doctor”). The Doctor issued a certificate to the Complainant's husband, stating that she was afflicted with a depressive disorder featuring psychotic features. In turn, this document was presented by the Complainant's estranged husband in the Family Court, Palakkad. The Complainant contended that the issuance of such a certificate constituted a breach of doctor-patient confidentiality and accused the Doctor of fabricating documents. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Palakkad, Kerala (“District Commission”).

The Doctor, in response, presented a contrasting narrative, asserting that the Complainant indeed suffered from depression and had been a patient under her care. The certificate in question, according to the Doctor, was issued in good faith to the Complainant's husband, unaware that the marital relationship had deteriorated between the husband and the wife.

Observations by the Commission:

The District Commission found the Doctor's contention plausible, suggesting that the certificate was intended for the Complainant's husband, as the Complainant herself obtained it from the Family Court. Moreover, the Complainant failed to establish that she directed the Doctor not to disclose her condition to her husband. Consequently, the District Commission concluded that there was no deficiency in service on the part of the Doctor in providing the certificate to the Complainant's husband.

Further, the District Commission noted that the Complainant failed to prove that the Doctor was aware of the strained relationship between her and her husband. The District Commission noted that as per societal norms, a spouse seeking details from a doctor might be perceived as being in a harmonious relationship. In the absence of evidence of circumstances that would make the Doctor suspicious of the relationship between them, the District Commission found no illegality, irregularity, or violation of norms when the certificate was handed over to the Complainant's husband.

The District Commission also referred to a certificate issued by another psychiatrist which revealed that the Complainant was undergoing treatment for marital disharmony and an adjustment disorder which contradicted her claim that she was not suffering from psychological issues. The District Commission held that the Complainant's submissions were malicious and vexatious, intending to harass the Doctor. In the absence of penalizing provisions in the Consumer Protection Act of 2019, the District Commission directed the Complainant to pay a compensation of Rs. 25,000/- and Rs. 15,000/- as legal costs.

Case Title: Amrutha vs Dr. Deepa Nair

Case No.: CC/222/2022

Advocate for the Complainant: P. Sreeprakash

Advocate for the Respondent: V.K. Venugopalan

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