NO FIR AGAINST A ADVOCATE OR DOCTOR - SC

NO FIR AGAINST A ADVOCATE OR DOCTOR - SC

In an important decision Hon'ble Supreme Court of India said, that if the advise of a lawyer and Doctors goes wrong in some way, even than no case under section 420 IPC or something like that can be registered against him/her. Though Supreme Court also said that Lawyer and Doctors should take care of the interests of his/her clients.(Justice P. Sthasivam and Justice Ranjan Gogoi bench)
Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and nor doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful.

http://www.pathlegal.in/No-FIR-against-a-advocate-or-doctor---SC---legalnewscopied-728741

Very good judgement for Doctors and Advocates. But what will be fate of suffering public at unprofessional doctors and advocates treating clients as a business commodity and sucking their blood by unnecessary lengthy litigations and treatments. more  

View all 13 comments Below 13 comments
Yes, while the competency of professionals like advocates and doctors to take up a case for which they are not qualified or not competent, for example, if criminal lawyer takes up a civil complaint will be consider wrong as being non-competency. Similar is the case with a Doctor, if a physician undertakes a case of surgical procedure he will be wrong being incompetent. If a civil engineer undertakes the calculation job of a mechanical/electrical engineer will be performing out of ones competency. In the case of advocates, I would suggest that the Local Circle Manager may consider taking up the issue with the Law Commission and in the medical professionals the Indian Medical Association while in the case of other class of professionals the matter should be taken up with the requisite body of the professionals to decide on two aspects: (a) definition competency, and (b) code of conduct and work ethics. more  
Who will decide if the doctor or the lawyer made a sincere effort for his profession? Even now, the doctors find plenty of loopholes to fleece the patient and still escape being held responsible for the negligence. There is no doubt that there should be protection to the doctors who have made sincere efforts and there are surely a few of them. But this general amnesty opens a flood gate for the unscrupulous one. Delay in timely treatment is a major factor for the patients. more  
Now both professionals got right to do wrong with the help of hon'ble Supreme Court decision........ more  
What about those lawyers who filed the non valid case and charge huge amount from the clients and after the span of period and money spending on such invalid case client came to know that he is cheated and in the end either he has to withdraw that case or it got dismissed. Finally client get cheated, dipressed and got the non healing mental distress. more  
When there is a code of conduct for medical professional then why not code of conduct for advocates. Even there is a need for code of conduct for judicial agencies, police etc. Where is the code of conduct for political fraternity. more  
What happens when and if a particular lawyer or a doctor follows unethical practice. Even then he will go scot-free? For example, if a lawyer weakens your case by creating an unethical alliance with the opposing lawyer. Or, in a case where a lawyer meets a judge in his chamber without informing his client and does not inform you what transpired with the judge? more  
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