Ludhiana: State gives nod to use user charges for legal expenses in govt hospitals

SMOs and civil surgeons can now utilise fees collected from patients for court replies, affidavits and legal opinions in official cases

Government hospitals in Ludhiana and across Punjab can now use user charges collected from patients to meet litigation-related expenses after the state health department authorised senior medical officers (SMOs) and civil surgeons to utilise the funds for preparing court replies, affidavits, written statements and obtaining legal opinions in official court cases.

The order, issued on July 10, covers preparation of written statements, replies, affidavits, additional affidavits and legal opinions, subject to prescribed financial limits and approval by the competent authority. (HT FILE)

The directorate of health and family welfare, Punjab, has permitted government health institutions to utilise user charges for expenses incurred in court cases involving SMOs and civil surgeons. The order, issued on July 10, covers preparation of written statements, replies, affidavits, additional affidavits and legal opinions, subject to prescribed financial limits and approval by the competent authority.

As per the notification, hospitals can spend up to ₹4,000 on preparing written statements or replies in court matters and up to ₹3,000 on affidavits, additional affidavits and related legal documentation. The expenditure will be met from the user charges collected by the respective institutions after following the prescribed financial procedures.

The decision follows a representation submitted by the PCMS Association Punjab nearly three months ago, seeking a dedicated financial mechanism for handling litigation-related expenses. The association had pointed out that there was no budgetary provision for meeting such expenses, forcing many SMOs and civil surgeons to arrange funds on their own for obtaining legal opinions and preparing court documents in official cases. Welcoming the decision, PCMS Association Punjab president and SMO, civil hospital Ludhiana, Dr Akhil Sareen, said, “The order fulfils one of the association’s long-pending demands and would ease the burden on government doctors handling litigation on behalf of public health institutions.

Earlier, there was no dedicated provision for meeting legal expenses arising out of court cases involving government hospitals. This often created difficulties for SMOs and civil surgeons while defending official matters. The new mechanism will ensure such cases are handled in a timely and transparent manner without officers having to bear the expenses personally,” he said. Officials said the order is expected to benefit government hospitals across the state, where SMOs and civil surgeons routinely handle consumer disputes, service matters and other litigation arising out of their official responsibilities.

The move is also expected to facilitate timely filing of court documents.