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Can an MBBS doctor treat a patient who is admitted under him & has a specific complaint?

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eMediNexus    17 February 2023

If a patient is admitted under an MBBS doctor and has a specific complaint, the doctor should refer the patient to a specialist or any other physician for consultation and treatment. 

 

Moreover, in case of serious illness or in a doubtful or difficult situation, the MBBS doctor must consult a specialist.

 

If a registered medical practitioner claims himself/herself to be a specialist without any special qualification and treats the patient, then it will be considered as professional misconduct and such physician shall be liable for disciplinary action.

 

Regulation 2.1.1 of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations, 2002, states that a physician can advise the patient to seek another physician’s advice. Also, if a patient is suffering from any ailment which the physician is not capable of handling, then the physician can refuse to treat the patient and refer the patient to another physician.

 

Further, as per the provisions of Regulation 2.1.2 of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations, 2002, the physician having any incapacity which is detrimental to his/her patient is not allowed to practice.

 

As per the provisions of Regulation 3.1.1 of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations, 2002, it is the duty of the physician to request consultation in case of serious illness and in doubtful or difficult situations.

 

In the matter titled as “Martin F D’Souza versus Mohd. Ishfaq, Civil Appeal 3541/2002 vide judgement dated 17.2.2009 the Hon’ble Supreme Court of India has held that an expert should be consulted in case of any doubt.

 

Further, according to Regulation 7.20 of Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulation, 2002 “a Physician shall not claim to be specialist unless he has a special qualification in that branch".

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