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A patient admitted under an MBBS doctor with a specific complaint, but is not seen by specialist. If anything untoward happens, is it part of medical negligence?

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Dr KK Aggarwal & Advocate Ira Gupta    02 December 2018

Yes, it is a part of medical negligence, if the patient is admitted under MBBS doctor and has a specific complaint but is not seen by specialist. If something wrong happens to the patient, it is the duty of the MBBS doctor to refer the patient to the specialist or any other physician for consultation and treatment. The MBBS doctor cannot practice which is detrimental to his/her patient. Also, in case of serious illness or in doubtful or difficult condition, it is duty of the MBBS doctor to consult the specialist.

As per the provisions of Regulation 2.1.1of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations, 2002, the physician can advise the patient to seek another physician’s advise. Also, if a patient is suffering from any ailment which is not within the range of the physician, 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 entitled to practice.

The provisions of which are reproduced hereunder:

 

“CHAPTER 2

  1. DUTIES OF PHYSICIANS TO THEIR PATIENTS

2.1 Obligations to the Sick

2.1.1 Though a physician is not bound to treat each and every person asking his services, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties. In his treatment, he should never forget that the health and the lives of those entrusted to his care depend on his skill and attention. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients.A physician advising a patient to seek service of another physician is acceptable, however, in case of emergency a physician must treat the patient. No physician shall arbitrarily refuse treatment to a patient. However for good reason, when a patient is suffering from an ailment which is not within the range of experience of the treating physician, the physician may refuse treatment and refer the patient to another physician.

 

2.1.2 Medical practitioner having any incapacity detrimental to the patient or which can affect his performance vis-à-vis the patient is not permitted to practice his profession

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 conditions.

 

“CHAPTER 3

  1. DUTIES OF PHYSICIAN IN CONSULTATION

3.1 Unnecessary consultations should be avoided:

3.1.1 However in case of serious illness and in doubtful or difficult conditions, the physician should request consultation, but under any circumstances such consultation should be justifiableand in the interest of the patient only and not for any other consideration.

In such situation, the patient and/or his/her relatives can take appropriate legal remedy against doctor and hospital for medical negligence by lodging a police complaint, consumer complaint, civil suit for damages or file a complaint before the Medical Council of India (MCI).

The role of the specialist / consultant has to be very clear and there should be transparency.

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