Can an off-duty doctor refuse a patient?
Tabish
(Querist) 03 October 2017
This query is : Resolved
Please anyone tell me that can an off-duty doctor (i.e. he/she may be at home at night) refuse an emergency patient without any reason? what are the rights, duties, obligations, liabilities of the doctor in this case? also, can the doctor be forced to do treatment? please provide some case laws if available.
Hemant Agarwal
(Expert) 03 October 2017
1. Kindly prefer to file a Right to Information (RTI) application before the local "Medical Council /Association", who would be able to provide you the ethics & professional code applicable for Doctors.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 03 October 2017
Pls respond to the observation of Mr. Sudhir Kumar.
Kumar Doab
(Expert) 03 October 2017
You can benefit fro th advise of Mr. Hemant Agarwal.
Kumar Doab
(Expert) 03 October 2017
You may go thru:
Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002
1.1 Character of Physician 1.1.2,
2.1 Obligations to the Sick
2.1.1
https://mciindia.org/ActivitiWebClient/rulesnregulations/codeofMedicalEthicsRegulations2002
Kumar Doab
(Expert) 03 October 2017
You may also go thru:
http://www.clinicalestablishments.nic.in/cms/Home.aspx
The Clinical Establishments (Registration and Regulation) Act, 2010;12(2)
http://clinicalestablishments.nic.in/WriteReadData/969.pdf
Guest
(Expert) 03 October 2017
Four vague postings of Mr. Kumar Doab on a vague question. Question arises, why the querist wanted to get treatment forcible. Background is required to be discussed.
Guest
(Expert) 03 October 2017
What a nice agreement/compromise between "medical treatment" and "properties and cooperative societies" has been made Mr. Hemant Agarwal, as he advises to visit his own website, as like a property dealer, while the issue raised by the querist relates to medical treatment!
Tabish
(Querist) 03 October 2017
Yes I have earlier posted this question as anonymous.
These are facts of the moot problem in which I have taken part.
The man, a local politician asked the lady doctor to perform delivery in a nearby slum. she rejected so he took him
forcibly in his SUV with the help of his muslemen.
he took plea that his act was not wrongful act or actionalbe claim in tort.
The lady doctor asked for 20lacs damages, the trial court approved 10 lacs.
Now both have moved to SC.
these are the full facts. please help if possible.,
It is a civil suit,
Guest
(Expert) 03 October 2017
Doctors are expected to be more with Humanity.The concerned Local Politician had acted wisely .Even though his behavior would have been rude his intentions are good with no doubt.An Good Advocate would easily defend him.
Guest
(Expert) 03 October 2017
Code of Medical Ethics.Chapter 1;_B_2.2 clearly states " The Physician/Doctor should act as he would wish another to act toward his own family "
Rajendra K Goyal
(Expert) 03 October 2017
Ethically and morally doctor should not refuse.
Can refuse if other competent doctor is available in emergency duty able to attend the patient. In such case doctor not on duty is not supposed to intervene work of doctor on duty in such case.
Guest
(Expert) 03 October 2017
Thanks to Mr.RK Goyal for his wise advise.
P. Venu 
(Expert) 03 October 2017
This forum is meant for live problems, not moot court problems!
Tabish
(Querist) 03 October 2017
Thank you everyone.
Can you provide any case law where an off-duty doctor has been forced to treat by someone?
Dr J C Vashista
(Expert) 04 October 2017
Consult your tutor for moot problem, this forum is not meant for students but for helping needy litigant, note it.
