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