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NAVEEN ARICHWAL (Senior Resident Emergency medicine)     16 September 2014

Suspension of doctor

A collegue of mine is an emergency medical officer(MBBS) with a Post of Senior resident, at fortis hospital, He has been suspended by the management because, he did not see a patient who had arrived in emergency during the night duty. The Night duty hours are 16 hrs i.e 5PM to next morning 9AM. The patient had arrived at 2:30Am(with Pain abdomen) and left the emergency after been not attended by him within 15 minutes.The nursing staff on duty says that they had informed him by Phone and he told them to inform the Surgery resident(pain abdomen is a subject matter of Surgery) to see the patient. The Surgery doctor also came late,well before the Patient had left the emergency. The Surgery doctor on duty has also been suspended.

I have read that as per directives from Hon. Supreme Court the duty hours cannot be more than 12 hours at a stretch for any resident doctor(https://www.pgtimes.in/2013/09/pg-doctors-of-india-must-work-not-more.html#.VBg3CPmwLSU)

The doctor has been provided a independent duty room,within the emergency, with Bed to take rest when he is free. The patient missed had arrived at 2:30AM and the patient before him had arrived at 1:00AM who was attended. The doctor in emergency says that he was sleeping at that time, and the Nursing staff,Ward boy,Security did not alert him about the delay in taking care of the patient.That is why the patient was not attended.

Now the management is preparing a Chargesheet(by advocate of the Hospital) against the doctor. In this state what should be the stand taken by the doctor. Is he legally correct or what should he do. He was suspended on 11-9-14 

Pls advice.



 14 Replies

Kumar Doab (FIN)     16 September 2014

 

 

>>> The reply to the charge sheet prepared by advocate of the hospital should be drafted by an able Labor Law Consultant/Service Lawyer of the employee.

 

 

Prior to that the employee should refrain from supplying any reply on record, until or unless his reply is endorsed by his lawyer.

 

>>> The judgment quoted in the link is attached and can be accessed at:

PETITIONER:

DR. DINESH KUMAR & ORS. A

 Vs.

RESPONDENT:

MOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.

DATE OF JUDGMENT25/09/1987

 

https://www.judis.nic.in/supremecourt/imgs1.aspx?filename=8583

 

 

>>> The hospitals are covered by state law in which it is located e.g.

Minimum Wages Act

Payment of Wages Act

And thus shall be covered by:

 (Name of the state) Shops and Commercial Establishments Act

As per this Act the work hours are: 8/day, 48/week

OT: max.2/day, 10/week,50/Qtr

However you may go thru the Act pertaining to your state……………….

Did the hospital pay OT alongwith payment of earned wages on usual pay day?

 

>>> There are various blogs that advise doctors on law and others that address issues of doctors……………………..and they can provide inputs and support e.g

https://doctorsandlaw.wordpress.com/2006/03/
 
https://www.odiadoctors.com/pg-doctors-india-work-48-hrweek-supreme-court-govt-india/
https://aroundthedoctors.blogspot.in/
 
 
These associations can also provide the copy of the letter of Dept. of family welfare that stipulates 8hrs/day work.
 
 
>>> The doctors associations, IMA, MCI can also be of help.

 

>>> You may also go thru:

 

 

https://www.lawyersclubindia.com/forum/Working-hours-100706.asp#.U0jhTEeBmXU

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     17 September 2014

The hospital is located in Faridabad(Haryana). He has written this letter to Medical superintendent till today.


Attached File : 991812004 explanation.docx downloaded: 62 times

Kumar Doab (FIN)     17 September 2014

NO comment is being made on the letter written to MS.

The state of Haryana follows Punjab Shops and Commercial Establishments Act that should be available on Dept. of Labor website of Haryana.

The hospital should have displayed its registration certificate on notice board/near entrance.

It is reiterated that the reply to the charge sheet prepared by advocate of the hospital should be drafted by an able Labor Law Consultant/Service Lawyer of the employee.


Sudhir Kumar, Advocate (Advocate)     17 September 2014

The context and reference of the letter to MS is not know so no comments can be made.

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     17 September 2014

The context is that the Medical officer was suspended for not seeing a patient at 2:30AM when he was on a duty of 16 hrs, because of the reasons quite clearly mentioned in the letter to MS.

The 1st query of the topic also explains the context. I fail to understand what context can be explained more clearly than that & what is so wrong about the letter.

It is the statement of facts on the night of the incident. 

Sudhir Kumar, Advocate (Advocate)     18 September 2014

I believe that this letter is merely a representation against suspension.

 

Please be clear.  What is your defence.

 


defence (1)
the doctor had been on duty since last 16 hours and not able to see patient.

 

defence (2) the doctor was ready to see patient but was not contacted.

 

choose one way both are contradictary on the face of it.

 

 


NAVEEN ARICHWAL (Senior Resident Emergency medicine)     18 September 2014

Exactly that.The doctor had seen all the other patient in the same night duty, only a single patient was missed because of lack of coordination between the doctor & the staff.

Sudhir Kumar, Advocate (Advocate)     18 September 2014

Originally posted by : NAVEEN ARICHWAL

Exactly that.The doctor had seen all the other patient in the same night duty, only a single patient was missed because of lack of coordination between the doctor & the staff.

In such case your plea of 16 hours duty contradicts your defence which shows that he was not ready to see patient.

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     18 September 2014

The defence is that prolonged duty hours under stressful conditions (like emergency) lead to mistakes,which is a proven fact as mentioned in Hon.Supreme court order ,which states that no doctor should be made to do duty more than 12 hrs at a stretch.

When he was posted for a 16 hrs duty,he did not allow his stressful condition to have a effect on the patients arriving in emergency, but due to break in coordination between the staff and the doctor led to a unfortunate situation which led to a patient not being attended.

The incident was not intentional.

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     18 September 2014

It was like an accident

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     18 September 2014

The management should streamline the duty hours first and than they can take action if similar mistakes are done in future.

Sudhir Kumar, Advocate (Advocate)     18 September 2014

you are well enlightened

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     18 September 2014

But there is rule of जिसकी लाठी उसी की भैस.

Kumar Doab (FIN)     18 September 2014

The employee was on duty.....................................16 hrs/day.............................is allowed to sleep on duty...................the staff has to wake him up..........................staff was late.......................the case was to be preferably examined by surgical doctor..............................he was late....................... 

The management that issues duty roaster of 16 hrs/day including night duty hrs (8pm-7am) is at fault.............................it is causing health hazard to doctor..............................risk to patient.

If it really cares for the patient it should keep properly rested doctor on duty.

 

Let the show cause notice drafted by advocate of the hospital be replied by advocate of the employee.

 

There is nothing else to over-stretch the thread.  


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