Was the doctor's absence justified given remote availability and nursing staff?

A doctor performed a cesarean section on a patient on the 5th, then left for another state on the 6th but remained reachable by phone. The patient was stable until the 7th, when she suddenly died from vasovagal obstruction or cardiac arrest. During the doctor's absence, the patient was monitored by GNM nursing staff, and the doctor advised over the phone when complications arose. Despite emergency interventions by other unaffiliated doctors, the patient passed away. The medical board found no improper care, but the lower court ruled the doctor negligent for not appointing another doctor to oversee the patient during her absence. I seek your opinion on whether the court's decision aligns with standard legal and medical practices. Was the focus on the absence of a physically present doctor justified, considering the doctor’s availability and the qualified nursing staff? How should the balance between remote availability and physical handover be interpreted in such cases?

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Advocate By LEAD INDIA Answered: 16 Dec 2024

Mam, this is complex matter and requires brief discussion for which you should consult an expert lawyer. For further legal assistance contact us on our helpline number.
 

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