Apni Law Staff asked 8 months ago
As an Insurance Medical Officer (IMO) working in the ESIC Hospital in Peenya, Bangalore, I’m curious about the legal framework surrounding doctors in government hospitals.
Firstly, do doctors in government hospitals fall under the definition of “labourers”? If not, why? If they do, what is the maximum permissible working hours for a medical officer in a central government hospital?
Secondly, I’m concerned about excessive work hours. My controlling officers, the Head of the Department and Medical Superintendent, sometimes force us to work beyond permissible limits. Could they be held accountable under the law if this leads to a negative outcome for patients?
Finally, I’m worried about the potential legal repercussions if a patient suffers harm due to the stress of overwork. We often face shifts exceeding 18 hours, leaving us exhausted and vulnerable to errors. Who bears the legal responsibility in such situations?
Best Answer
Apni Law Staff answered 8 months ago
Doctors in government hospitals are not considered “labourers” under Indian law as their work involves professional skills and discretion. The maximum permissible working hours for medical officers in central government hospitals are regulated by the Central Civil Services (Medical Attendance) Rules, 1944, which specify a 48-hour workweek. Supervisors who force doctors to work beyond permissible limits could be held accountable for negligence if it leads to patient harm, and the doctor could also face legal repercussions.
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