M.D. Medicine Doctor fined for calling himself a Cardiologist
M.D. Medicine Doctor fined for calling himself a Cardiologist
Can a M.D. Medicine Doctor practise as a Cardiologist ?
In the case of Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur & ors, V/s. Kishan Shukla (R.P. No.4023/2011), the National Commission was dealing with the aforesaid question and the answer was in negative. A doctor must have valid and recognised specialised qualification.
See the link for the judgement
https://indiankanoon.org/doc/77679872/
Facts :
Allegations : The case revolve around the period of 11/02/1999 i.e. The date of diagnosis till 28/10/1999, the date of death..
1) The deceased wife of the Complainant No.2 was diagnosed as valvular disease of the heart and was further directed to take treatment of a Cardiologist. Dr. Goyal, who claimed himself a Cardiologist, conducted tests pertaining to heart problems on the patient and diagnosed her as Mitral Stenosis with Mitral Regurgitation (MS with MR) and started treatment. In the meantime of her treatment, she became pregnant.
2) As there was no improvement in her health, she was further referred to another Cardiologist Dr. R.K. Vyas, who advised urgent hospitalization and further undergo delivery operation at the earliest, as it was her 8th month of pregnancy. She delivered a baby boy, but her condition deteriorated and she was shifted to ICU, where she she was declared as dead in next morning, but no relative was allowed to see her.
2) As there was no improvement in her health, she was further referred to another Cardiologist Dr. R.K. Vyas, who advised urgent hospitalization and further undergo delivery operation at the earliest, as it was her 8th month of pregnancy. She delivered a baby boy, but her condition deteriorated and she was shifted to ICU, where she she was declared as dead in next morning, but no relative was allowed to see her.
Defense :
1) Dr. Goyal never denied the fact that “Consultant Physician and Cardiologist” has been printed on his prescription.
2)Nevertheless he gave best possible treatment to the deceased. Gynecologist and Anesthesiologist also claimed that they performed their duties well.
2)Nevertheless he gave best possible treatment to the deceased. Gynecologist and Anesthesiologist also claimed that they performed their duties well.
Held :
1. The National commission relied upon the observations of The State Commission which after perusing entire record and evidence rejected the appeal of the petitioners and observed that Dr. Goyal was not a Cardiologists and it was the duty of Goyal Hospital to make available Cardiologist at the time of operation of patient suffering from such serious ailment. After the delivery option, not allowing relatives to go inside and meet also create doubts.
2. Dr. R. K. Vyas also admitted in Evidence that Dr. Goyal was not a cardiologist and a simple M.D., cannot claim of being cardiologist i.e. Specialist in Heart Disease. As per IMC Regulations, 2002 Clause-B Sub-clause 1.1.3,. “ No person other than a doctor having qualification recognized by Medical Council of India and registered with Medical Council Of India/State Medical Council(s) is allowed to practice Modern System of Medicine or Surgery. Even otherwise, undergoing several trainings, attending workshops in Cardiology did not confer qualification of cardiologist. Hence it is not recognized by MCI or Rajasthan State Medical Council.
3. The Commission further relied upon the land mark judgment of Hon’ble Supreme Court in Jacob Mathew V State of Punjab & Anr, (2005) 6 SSC 1= III (2005) CPJ 9 (SC) where in it had concluded that,
“ a professional may be held liable on one of two findings : either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise reasonable competence in given case, the skill which he did possess.”
It was risky that a doctor who is not qualified and competent to do so which amount to therapeutic misadventure
4. Thus the Commission not only directed to pay the petitioners a sum of Rs.6,82,000,, but also saddled punitive cost of Rs.1,00,000/-.
1. The National commission relied upon the observations of The State Commission which after perusing entire record and evidence rejected the appeal of the petitioners and observed that Dr. Goyal was not a Cardiologists and it was the duty of Goyal Hospital to make available Cardiologist at the time of operation of patient suffering from such serious ailment. After the delivery option, not allowing relatives to go inside and meet also create doubts.
2. Dr. R. K. Vyas also admitted in Evidence that Dr. Goyal was not a cardiologist and a simple M.D., cannot claim of being cardiologist i.e. Specialist in Heart Disease. As per IMC Regulations, 2002 Clause-B Sub-clause 1.1.3,. “ No person other than a doctor having qualification recognized by Medical Council of India and registered with Medical Council Of India/State Medical Council(s) is allowed to practice Modern System of Medicine or Surgery. Even otherwise, undergoing several trainings, attending workshops in Cardiology did not confer qualification of cardiologist. Hence it is not recognized by MCI or Rajasthan State Medical Council.
3. The Commission further relied upon the land mark judgment of Hon’ble Supreme Court in Jacob Mathew V State of Punjab & Anr, (2005) 6 SSC 1= III (2005) CPJ 9 (SC) where in it had concluded that,
“ a professional may be held liable on one of two findings : either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise reasonable competence in given case, the skill which he did possess.”
It was risky that a doctor who is not qualified and competent to do so which amount to therapeutic misadventure
4. Thus the Commission not only directed to pay the petitioners a sum of Rs.6,82,000,, but also saddled punitive cost of Rs.1,00,000/-.
So beware of what you have and what you pretend to have. Nowadays specialisation in Medical field is enhancing rapidly. Jokingly it is said that there will be separate Doctors for treatment of Left eye and Right eye. SO, Honesty is the Best policy, isn’t it ?
After this decision in another judgement, the National Fora held that MD medicine Dr. is not negligent when he gives neurological treatment in case of emergency...You may see the link...
So it's very difficult to draw a line in the area of expertise of MD Med. as generally they are GPs and have to deal with wide range of patients and ailments.. Then there comes the rural area where everyone knows the scarcity of Drs...
Under these circumstances, Apex body of Medicos to ponder over it...
Adv. Rohit Erande
Pune.©
Pune.©
MD medicine is also trained in field of cardiology besides other fields..though not intervention..he is not plain MBBS but has done 3 yrs postgraduate course..its wrong to fine him when he gave proper treatment.if this continues then should all patients be referred to superspecialist?!!this will create more issues and cost escalation for patients
ReplyDeleteThe alternative pathy practitioners (not knowing even ABC of cardiology)are advertising
ReplyDeleteIn leading newspapers that they would offer cure for cardiac patients without any surgical intervention. The patients resorting to such
Treatment most of the times deteriorate further before reaching a proper md or dm allopathic doctor. Courts have no problems about these AYUSH quacks.
True. Court should be conversant with on ground realities.
DeleteBad precedence set.
ReplyDeleteIn view of this decision MCI should rethink and scrap MD medicine and instead should have PG only in respective specialty.
Perfect. No need for MBBS also. Just as we have dental doctors without MBBS we shud have corresponding courses in other courses like cardio neuro skin and various speciality. Referring becomes a difficult line to cross in critical times. A patient with multiple problems shud have a panel of 5 6 doctors.
DeleteOr else pl delete MBBS altogether if so much confusion. Patients can go to AYUSH doctors el la style of ramdev and get rid of diseases and also gain health.