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Medicolegal consequences: COVID +ve and wish to resign from duties- Dr. MC Gupta

M3 India Newsdesk Oct 22, 2020

Dr. MC Gupta provides the next steps on what a doctor and COVID warrior should do, in the event that he wishes to resign from his position as a COVID warrior after testing positive for the virus, but is instead faced with refusal of acceptance of resignation and legal action from his employer.


For our comprehensive coverage and latest updates on COVID-19 click here.


Question

A doctor is working on contract basis in a government medical college. The hospital is now functioning as a COVID hospital. The doctor got infected with coronavirus and got COVID symptoms, was also suffering from asthma and was on steroids. Due to health reasons the doctor gave his resignation (by hand with receiving) but the same was not accepted by the Dean of the institute. The doctor has been apprehended (FIR) or warned of strict action by local authorities. What precautionary steps should be taken?

Dr. MC Gupta answers:

  1. If this is a real thing, it is tragic. 
  2. If he is on contract service, his terms of service are bound by the terms of the contract. Please look into the same. It is unlikely that as per the terms of the agreement, a notice of resignation would not become effective without its acceptance by the employer.
  3. What can be done at this stage?
    1. He should approach the local IMA and apprise them of the situation and request help.
    2. He should keep all documents ready, including his health documents.
    3. He should collect proper information regarding the government scheme for compensating "corona warriors" in case of suffering/death due to corona and should claim benefits under the same.
    4. He should write to the state health minister and the central health minister.
    5. If an FIR is lodged against him, he should immediately move court for quashing the same.
    6. He should get legal opinion, on the basis of various concerned documents, regarding the advisability of moving a WP before the HC. If so advised, he should move the HC.

 

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.

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