Yet another relief. " Only Allopathic Doctors can prescribe Allopathic Medicines"

" Only Allopathic Doctors can prescribe Allopathic Medicines"

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2514%2F2012&dtofhearing=2016-03-04

The National Commission came heavily on quacks and transgressing in other branches of medicines, in the case of DEEPESH KUMAR KUSHWAHA & 2 ORS.V/s.Dr. GOPAL NARAYAN AWTE & ors.

Facts in Nutshell...

1. The Complainant, the Son of  Labourers fell sick and he was taken to the Opponent Doctor (having only a certificate of Ayurveda Doctor and not a BAMS degree) , where he him diagnosed as a Malaria patient and he treated him with some allopathic medicines and injections for a period of 15 days.

2. But as the condition of the patient worsen, he was taken to higher center in a serious condition. It was transpired that the patient had Japanese Encephalitis for which treatment would continue life-long.

3. According to the complainant, due to wrong diagnosis and wrong treatment of malaria, the mental condition of the patient deteriorated and he has become mentally challenged. Thus the case for damages of Rs,19,90,000/- was filed.., but was only awarded Rs.20,000/- !!

4. The Doctor denied all the charges and contended that the pathology center is at fault and should suffer. 

Held :

1. The National Commission, after going through the entire record held the Doctor had no proper Degree and could not have prescribed allopathic Medicines.

2. It was also brought on record that as per M.P. Medical Council & Madhya Pradesh Ayurvigyan Council, the Opponent Doctor was not authorised to prescribe Allopathic medicines.

3. The person who is authorized to practice under Indian Medicine Central Council Act, 1970 is not at all entitled and authorized to prescribe medicines under the Indian Medical Council Act, 1956. We are of considered view that 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.

4. Whenever an Allopathic medicine is to be given, it must be sanctioned, verified and seconded by the Allopathic Doctor.  The Allopathic Doctor will always take care and will call for all the medical tests.

5. It was also observed that the Doctor unnecessary wasted time in treating the patient, instead of referring him to proper Doctor. Thus he was held liable to pay damages to the tune of Rs.3 Lakhs.

6. So, lets learn good from the Bad. In some States, other Medicine Branches are also authorised to prescribe Allopathy Medicines, these are the exceptions to the rule. One question pops up in my mind that can there be such branch of Medicine having combination not different pathishi, so that ultimate beneficiary, the Patient will be benefited...

Regards

Adv. Rohit Erande
Pune.