Dr. MC Gupta, a medico-legal expert takes on real-life questions and lend it a legall perspective.Here he answers common queries about running a lab along with regular practice?

Q--Can a clinician run a side lab in hospital and sign report?

ANSWER:

1--The concept of a side lab (where a clinician carries out simple, non-complicated tests like urine examination, Hb, blood film etc.) envisages that a clinician carries out there quick, simple tests needed quickly as an aid to diagnosis. The test is carried out by himself for his own use and there need not be even a formal signed report for the same, as long as the hospital record states that the result of side lab examination carried out by the resident on duty was so and so.

2-- In the circumstances, the answer to your question is in the affirmative.

Q--By constraining the doctor to prescribe generic only, what is the objective of the government?

>>> The rule that doctors should prescribe medicines by generic names only has been made by the MCI, which is a body of doctors. It is wrong to regard it as a directive / order from the government.

By leaving the patient safety to the hands of retail chemist, is it right on the part of govt, to trust a retailer above the doctor?

>>> If you or the doctors think that the above rule is against the safety / interests of the patients, doctors / IMA should have drafted and sent a representation to the MCI against it. Nobody has, as far as I know, done so. It is wrong to blame the government.

Is it not discriminatory on the part of govt,in encouraging chemists to take independent choices and restricting the doctor in delivering cost effective&quality services to his/her patients?

>>> The patient is the buyer / consumer and the chemist is the seller. If the consumer interests of patients are being jeopardized, there are several NGOs that actively look after their interests. No patient / general public has, to my knowledge, approached these NGOs to protect the patients / public from exploitation. As far as I know, these NGOs want such a rule that doctors should prescribe by generic names only. It is wrong to blame the government / Ministry of Health for doing something which both the MCI and the general public want.

Q-- What is the responsibility/ liability of a primary clinician in case she is  on vacation/physically not present in the clinic and employs locum for fixed duration?

ANSWER—

i)—In general, the court would regard the primary clinician as the Principal and will deem the locum to be his employee / subordinate, whereby the principle of vicarious liability or “respondeat superior” (a doctrine in tort law that makes a master liable for the wrong of a servant specifically) would apply.

ii)—However, the outcome in the court may vary from case to case, depending upon the facts and circumstances. It may be argued that the principle of vicarious liability will apply and she will be held responsible since she is the principal and the locum is her employee / subordinate. However, if it has been fully explained to the patient and consented by the patient that the latter would be fully under the charge of a competent locum without any liability on the part of the primary clinician, she may not be held fully responsible

Disclaimer- The views and opinions expressed in this article are those of the author's and do not necessarily reflect the official policy or position of M3 India.

Content from the writer has been directly replicated on the website. No edits have been made.

The writer, Dr. MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.