Can an Ayurvedic doctor prescribe allopathic medicines if an MBBS doctor is “consulted”? Does signing a prescription cure a qualification gap?
This case tests the legal limits of cross-pathy practice inside hospital walls.
Irrefutable Facts
The patient was brought to the hospital with complaints of abdominal pain. The doctor attended to the patient and prescribed medications. However, the patient’s condition deteriorated over time.
After a few hours, another doctor was summoned, but before he could arrive, the patient collapsed and died of cardiac arrest.
The patient’s family sued the doctors and hospital. It was alleged that the doctor, who held a BAMS qualification, misrepresented himself as an MBBS doctor and treated the patient.
Further, he was not competent to prescribe allopathic medicines, thus violating the guidelines of Medical Council of India (MCI).
It was also alleged that the patient was left unattended for 2 hours following the admission to the hospital.
Hospital & Doctor’s Plea
It was stated in defence that the Ayurvedic doctor attended and treated the patient in consultation with an Allopathic doctor. Subsequently, the patient was attended to by the Allopathic doctor.
It was pointed out that the patient was brought to the hospital for ECG, referred by a local physician, and prompt attention was provided. However, it came to light that the patient’s attendant had concealed the fact about previous treatment for heart disease.
It was further pointed out that the ECG results revealed complications, and he was advised admission. However, the attendants declined admission, and the patient complained of gastric problems and acidity, for which he was prescribed medications.
Court’s Observations
The court observed from the report of the State Medical Council that the doctor was indeed an Ayurvedic doctor, while the second doctor was an Allopathic doctor.
Consequently, as per the Indian Medical Council (IMC) Regulations, 2002, the first doctor was not competent to practice the Allopathic system of medicine.
The court further found that although the patient was admitted under the care of the allopathy doctor, he neither examined nor advised any treatment, allowing the patient to remain under the care of the Ayurvedic doctor, who was neither qualified nor competent to treat him.
Therefore, both doctors and the hospital were held negligent.
Prevention Is Better Than Cure
The practice of cross-pathy is illegal unless explicitly permitted by the government by issuing a notification in this regard. Non-allopathic doctors can keep medical records and perform administrative and non-medical duties within allopathic hospitals. However, they are legally barred from discharging medical tasks, such as prescribing medications, maintaining progress notes, or issuing Bed-Head Tickets, which should be written by allopathic doctors only.
Source : Dr. Ajay Singh Pundeer & Anr. v/s Shamsher Singh & Anr.
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