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Editorial (Dr SS Agarwal, Dr K K Aggarwal)
19th April 2016
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. 
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No cure, no payment is not permitted in the medical profession
New Delhi, April 18, 2016: The Indian Medical Association (IMA) today advised all its 2.5-lakh doctor members not to indulge in “No Cure No Payment” or “Guarantee any cure” as both are violations of Medical Council of India (MCI) Code of Ethics Regulations as well as Drugs and Magic Remedies Act.

This is in light of the ongoing case against a doctor couple running an IVF clinic in Colaba whose licenses were suspended by the Maharashtra Medical Council for three months following complaints that they made promises of guaranteed pregnancy on their clinic website and even offered refund if the treatment failed. The Advertising Standards Council of India made the complaint, in 2014. A division bench of justices SC Dharmadhikari and GS Kulkarni at the Bombay High Court has refused to grant interim relief to the doctor couple.
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