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‘Doctor can take leave anytime if necessary’ – Court rejects Rs.2 crore Medical Negligence case against Doctor

Doctor can take leave anytime if necessary

“A Doctor, like any other professional can take leave if felt necessary by him on account of his personal reasons or otherwise and it is the DUTY of the HOSPITAL to take alternate arrangements.” –

” Like other normal human being he (DOCTOR) also needs to take rest and his meals and then get ready for the duty to be performed on the next day” – National Commission

The National Commission again came to the rescue of Doctors and denied the charges of Medical Negligence of WORTH RS. 2 CRORES, on the count that the Doctor without giving proper instructions to the other Doctor went on leave.…

Shri. Manishbhai Joshi V/s. Sheth P.T. Surat Gen. Hospital & ors.

Short Factual Matrix:
The Deceased patient 86,, father of the Complainant the patient of past Bilateral Centrilobulor Emphysematous in the form of Hyper inflated lung with flattening of lobes was admitted in the Hospital, succumbed to long existing chronic end stage respiratory disease, But the main grievance of the Complainant was that the treating Doctor went outstation without giving proper Instruction to his fellow Doctor, when the patient was still admitted in the Hospital.

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Held that:
The National Commission rejected the complaint for Rs. TWO CRORES Compensation and observed as above. It further held that in our opinion, briefing by main treating Doctor to other Doctor, in his absence, would be necessary since the symptoms, diagnosis & treatment of the patient is recorded in the treatment record of the patient kept in the hospital and therefore any suitably qualified doctor attending the patient, in the absence of the previous doctor, would be in a position to advise appropriate treatment and medicines taking into consideration symptoms, conditions and illness of the patient along with the treatment given to him in the past.
It is not as if only a super specialist in chest related disease can treat such a patient. A doctor, who has done Post Graduation in Medicine, in our opinion, is fully competent to treat the patient. In fact, in almost all the hospitals, Senior Doctors normally retire for the day in the evening/night and it is only Junior Doctor such as Junior Residents and Senior Residents who remain on duty. The consultant is called if necessary, depending upon the condition of the patient.

This judgment is of utmost importance for all the Medicos. Because such situation is faced by every Doctor. Any professional is Human first than an expert from his/her filed…

Doctor can take leave anytime if necessary

Author of this superb article: Adv. Rohit Erande, Pune.


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  1. Outstanding decision !

  2. A reasoned judgment.

  3. It is first time in history that somebody is taking doctors’ half… humanity still alive !!

  4. Thanks everyone. I think it’s a “Man-ki-baat” judgment for Medicos….

  5. Good decision

  6. A good decision sir.

  7. The best decision ever…people dont realise that doctors are first human beings.

  8. Its an eyeopner fr some of us

  9. A good news!

  10. The judgement is 100% correct.The complaint that the treating Dr took leave does not hold good or ethical. In medical profession every aspect is documented & guide another Dr for course of action to be followed. Hyperinflated centrilobulor disease is correctly mentioned as END STAGE PULMONARY DISEASE. Its not must you need only super specialist to treat such case even experienced MBBS can undertake the treatment protocol.

  11. Don’t know about decision… But everyone knows what doctors are… Hospitals like apollo, charge 5 lakh to a gastric patient telling them its cardiac pain.. Lol… Humanity is still alive, but unfortunately most of the doctors are losing it….

    • Don’t think so. Many a times doctors are misunderstood.

    • you can go to government hospitals. They are affordable for everyone. The hospital charges the patient, not the doctor. A very small fraction of the 5 lakh goes to the doctor.

    • Mr. Anonymous u know how many pts are saved everyday by doctors and next time please visit a primary health centre for your disease they can also treat you, u don’t need apollo for everything. People just remember the mistakes so don’t use ‘most’ if u don’t know how most work everyday.

    • When you knew quite obviously that this was a “gastric patient”, why did you not go directly to a gastroenterologist? Why did you feel the need to fall in line with what they told you in Apollo? If everyone knows what doctors are, I wonder why there are still queues of hundreds of people waiting to see these inhuman creatures? Why don’t the local witch doctors have more people going to them everyday?

    • Mr anonymous In corporate hospitals management fixes the price of treatment not the doctors who work there

  12. Good judgement….the ethics of doctor are more responsible in the society than any other profession…a machine/hardware/etc….can be damaged…we can retrieve some or ither day….but whatbabout human life…..doctors are life survival GODs….

  13. Bingo.At last now we realise that we r humans too n not machines

  14. thanks evryone who took doctors side as people think doctors are machines who has only to treat patients without eating or sleeping

  15. Why are doctors only supposed too be ethical….. there is corruption everywhere…. even a doctor had to pay donation fees for child’s school…. he is not going to be exempted from that evil just because he is a doctor… can you stop all other corrupt practices first rather than pointing finger at doctor

  16. Thanks everyone for your views.. This is perhaps the most shared and liked Article of mine by Drs.