A Doctor, like any other professional can take leave if felt necessary by him
In a judgement (as below), the NCDRC has observed that a doctor can take leave, if he/she feels it necessary to do so.
Shri Manishbhai Kantilal Joshi vs Sheth P. T. Surat General Hospital, Surat
National Consumer Disputes Redressal Commission, New Delhi, Consumer Case No. 366 of 2014
Hon'ble Mr. Justice V.K. Jain, Presiding Member and Hon'ble Dr. B.C. Gupta, Member
Dated: 09 Feb 2016
Order: Justice V.K. Jain, Presiding Member (Oral)
Late Shri Kanti Lal C. Joshi, aged about 86 years, father of the complainant was admitted in Sheth P.T Surat General Hospital (Opposite Party No.1) on 19.11.2012. He was admitted under another doctor, but later put under the treatment of Dr. Sameer Gami.
He expired at about 2.30 AM on 21.11.2012 while on ventilator. In the night of 20.11.2012, he was under the care of Dr. S.S. Indorwala after Dr. Sameer Gami had retired for the day. Alleging negligence in the treatment of his father, the complainant is before this Commission seeking compensation quantified at Rs.2 Crores along with cost of litigation quantified at Rs.50,000/-.
When this complaint came up for consideration on 26.09.2014, the learned counsel for the complainant submitted that the main grievance of the complainant was that Dr. Sameer Gami had left for outstation when the deceased was still admitted in the hospital and was under his treatment, without giving the instructions to Dr. S.S. Indorwala, who otherwise was not a qualified specialist in the relevant field.
In his reply, Dr. Sameer Gami, who is a Chest Physician having obtained MBBS and MD degrees from B.J. Medical College, Ahmedabad, has inter-alia stated that the father of the complainant was suffering from chronic end stage disease, severe chronic obstructive pulmonary disease, fibrotic lung lesion and bronchiectasis. He was admitted to the hospital under the treatment of one Dr. Ketan S. Choksi though he Dr Gami was also seeing the patient for the last few months as OPD patient.
The deceased had been taking nebulizer and home oxygen support for six months before his death. Lung transplant, which was only option available in such a case was not suitable for him, considering his advanced age and therefore he had been put on steroids.