BUMS Doctor was fined Rs.15 lakhs for prescribing Allopathy Medicines

"(The Doctor ) having studied one particular system of medicine, cannot possibly, claim complete knowledge about the drugs of the other system of medicine.  The transgression into other branches of medicine would tantamount to quackery.".

The National Consumer Disputes Redressal commission has observed while allowing the Complaint thereby saddling  compensation of few lacks of rupees on a B.U.M.S  Doctor (Unani system of medicine ) for not not giving proper treatment to the patient which affected, adversely, on the health of the patient.

The revision petition bearing no.4135/2014 was allowed on 01/09/2015. (TARA GULAB GUPTA V/s. AJIJUR REHMAN FIROZ AHMAD SHAIKH) (see the link http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F4135%2F2014&dtofhearing=2015-09-01)

Facts in Short :

1.The daughter of the Complainant, Kumari Sarita, was taken to the opponent doctor as she developed a boil on her chin.

2.The Doctor gave her four white and four pink tablets. Ku. Sarita developed rashes and itching after taking tablets and therefore the Doctor   gave her (Paracetamol and Brufen and Avil, 1cc  and Dexamethasone 1cc ) injection on her right side waist and gave ointment for application and some more medicines. 

3. After taking those tablets, Kumari Sarita developed  stomach  ache and had fever and there was swelling at the part  on  which the injection was given.    Cream  was applied to Kumari Sarita’s legs and waist  but  the swelling increased..

Look at the faith on Doctor, Kumari Sarita was again taken to same Doctor who  prescribed her more medicines and after taking those medicines, Kumari Sarita suffered from vomiting, diarrhea and pain in abdomen and legs and fever !!!!!.

4. The Doctor advised for Blood test and told the father of Sarita that she had developed infection and lastly she was admitted to Cardinal Gracias memorial Hospital at Vasai and finally here deteriorated condition could be controlled..

5. The opponent Doctor rejected the allegations of improper treatment. He produced  Medical Professional Degree of B.U.M.S of Pune University and he was registered  under  the Maharashtra  Medical Practitioners’ Act, 1961 . The Majority State Commission was of the view that he was only allowed to practice Unani and not allopathy !!

Held :

1. The National Commission came to the conclusion that the Doctor was negligent in treating the patient and relied upon the report of Forensic Laboratory, Thane, which said that, "That Kum. Sarita Gupta, has boil on her knee due to poisonable contention and the patches and itching could have been caused due to the allergy of the tablet of )Paracetamol & Brufen). That it is seen that the injection provided at the place where it was swelling and proper care was not taken and hence it amounted to more swellings.  That the lotion and the Malham is seen proper, however, at the time of giving injection to the patient, no proper care was taken”.

2. It was also observed that there is no evidence on record  that the petitioner was a qualified Doctor for skin diseases.

The National Commission relied on the judgments of Supreme Court on the point Quackary. In Poonam Verma Vs.Ashwin Patel & Ors., II (1996) CPJ 1 (SC) “A person who does not have knowledge of a particular system of medicines but practices in that system is a Quack and a mere pretender to medical knowledge or skill, or to put it differently, a Charlatan”. The Hon’ble Apex Court in Bhanwar Kanwar Vs. R.K. Gupta & Anr., (2013) 4 SCC 252, has taken the view that wherein unauthorised medical  treatment  was administered, it amounted to unfair trade practice and administering allopathic medicine by a person who is qualified in Ayurvedic  medicine was not approved by Hon’ble Apex Court and the compensation  amount  was  enhanced  from Rs.5.00 lakhs to Rs.15.00 lakhs. !!

3. The Commission finally observed as the person who is authorised to practice under Indian Medicine Central Council Act, 1970, is not all entitled and is not authorised  to  prescribe medicines, under the Indian Medical Council Act, 1956. 

AYUSH Drs also have some points : 

I am open to correction, but I think in some States, Other pathies doctors also may prescribe allopathy medicine.

AYUSH Doctors also argue that in rural areas where Allopaths are least interested in working, allopathic medicines have to be prescribed by them. Further they counter that they also learn anatomy and pharmacology, so what's wrong in prescribing such mediciness.. ? These days Govt. is also promoting AYUSH and there is a separate ministry for it ..

This is very important judgment to have check on the rising evil of quackery in India.... This judgment is important from common man's point of view. The Patient' should check the background  and credibility of the Doctor , else it may cost the patient his/her life..... For saving few hundred bucks, people are ready to compromise with their lives !!!

Can there be one Pathy comprising of all goodness of different pathies, for the sake of patients ?

Thanks and Regards

Adv. Rohit Erande.

Pune.©