CAN A MBBS DOCTOR DO SURGERY:-

THE FOLLOWING IS THE EXCERPT OF PRESS NOTE RELEASED BY A.P.MEDICAL COUNCIL.-(courtesy:DR.N.KISHORE- VICE-CHAIRMAN-AP MEDI COUNCIL)

This press meet is convened to clarify the stand of AP Medical Council on the controversial issue of can a MBBS Doctor do Surgeries.

(1) MBBS Degree itself says Bachelor of Surgery & Bachelor of Medicine.

(2) In the MBBS Course a student will have 6 months Surgical Ward posting and later Specialty Surgical Postings. In Houseman ship he is posted in Surgical Ward for 2 months & 1 month is Surgical Specialties.

(3) As per the curriculum, they are trained in minor Surgical Procedures, Obstetrics procedures.

(4) The National Consumer Forum found fault with the Doctor because he falsly claimed that he is M.S. Surgeon in reality he was not a M.S. and did Major Surgical procedure causing damage to the patient.

(5) There is no controversy that a MBBS doctor should not do Major Surgical Procedures as pointed out by National Consumer Forum.

What Can an MBBS Doctor do:-

(1) He can do all the Minor Surgical Procedures for which he is trained in MBBS Course and Houseman Ship.

(2) He can do Deliveries and its related to procedures as trained.

(3) He can do National Programmes like Tubectomies & Vasectomies.

(4) In emergencies if a qualified surgeon is not available in the near vicinity as a life savings measures he can do first aid and a Surgical Procedure based on his experience.

(5) He should not do Elective Major Surgical procedures and the care should taken to refer to a nearby Hospital where a Surgeon / Gynecologist available.

ENTITLENESS OF MBBS DOCTOR TO CONDUCT SURGERIES VISA-VIS RULE POSITION AS LAID DOWN IN IMC ACT 1956 AND IMC REGULATIONS 2002 AS AMENDED IN 2004 & 2009.

(1) There is no provision in IMC Act, 1956 which prohibits MBBS doctors to do surgeries. Surgery is a main subject during the 4 ½ years course of MBBS. During clinical postings, they treat surgical patients under the supervision of the Experts. During the 12 months period of compulsory rotating internship, the internees are posted at least for 2 months in Surgical Departments and they have to treat surgical patients during this period.

(2) The entitleness of registered Medical Practitioners is specified in Section -27 of IMC Act, 1956 as follows.,

“Subject to the conditions and registrations laid down in this Act, every person whose name is for the time being borne on the Indian Medical Register shall be entitled according to his qualifications to practice as a medical practitioner in any part of India”.

(3) The Hon’ble Supreme Court’s Judgement in Poonam Verma Vs. Ashwini Patel case, has taken into consideration of the decision of Privy Council in the year 1937, reported as 1937 1 MLJ 197.

In this case, the Hon’ble Supreme Court made an attempt to discuss the application of the doctrine “SIC UTERE LEO UT ALIENUM NON LAEDAS” in the practice of medicine. This means “so use your own that you harm another’s” (AIR 1996 SC 2111).

This refers to the practice of medicine by unqualified persons.

(4) In all cases where allegations were made against doctors for their negligence, the Hon’ble High Courts or National Commission or Supreme Court expressed the view that a doctor is not negligent when he has observed standard protocols during the course of his practice.

(5) In all cases, the Constitutional Courts or the State Commissions or National Commission have taken into consideration of the provisions of IMC Act 1956, IMC Regulations, 2002 together with Consumer Protection Act, 1986 having due regard to the facts and circumstances of the case.

(6) The Principle laid down by Hon’ble Supreme Court in Baldeo Raj Vs Urmila Kumari (AIR 1979 SC 879) is “The practitioner may not have specialized in the branch of medical treatment of women’s disease, but her knowledge of midwifery as an obstetrician prove to be of the high order in the case itself”. In this case Hon’ble Supreme Court reversed the finding of Hon’ble Punjab and Haryana High Court, which had held that “as the practitioner is question has not a special study on the subject and as such she cannot be considered as an expert and her evidence is not admissible”.