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Allopathic Medicines have to be given by an Allopathic Doctor- NCDRC

Allopathic Medicines have to be given by an Allopathic Doctor- NCDRC

“Allopathic Medicines have to be given by an Allopathic Doctor”

The National Commission came down heavily on quacks and practitioners 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 the practitioner diagnosed him 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 worsened, he was taken to higher center in a serious condition. It was informed that the patient had Japanese Encephalitis for which treatment would continue life-long.

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/- by the State Commission. He then filed a revision petition with the National Commission.

3. 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 commission referring to one of its own previous judgements re-iterated

 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. With regards to the current case, the hon’ble court observed

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.The mere signs of malaria are not enough.  The main disease of the patient could not be discovered by this quack.

5. It was also observed that the practitioner 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.

. So, lets learn good from the Bad…

Regards

Adv. Rohit Erande
Pune.

You can read the full judgement by clicking on the following link

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

Disclaimer: The views expressed in the above article are solely those of the author/agency in his/her private capacity and do not represent the views of Medical Dialogues.
Source: Self
9 comment(s) on Allopathic Medicines have to be given by an Allopathic Doctor- NCDRC

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  1. user
    DR B S Kakkilaya December 9, 2016, 8:09 pm

    The Ayurvedic practitioner is definitely wrong in treating the case,beyond his level and capacity.And as such he is liable to be punished.However,the Patient is also at fault and liable to be punished.It was his duty,for his own welfare,that he should have found out about the qualification of the so called Doctor he was going to get treatment from.He probably went to him keeping in mind the lower cost of treatment there..He came his senses quite late and then only approached a really qualified Doctor.So he has only himself to blame, though it does not absolve the quack of wron doing..On this basis and only on this basis he could have been handed a lesser penalty,could have been barred totally from practicing any form of medicine.Pt cannot claim ignorance,after going to a quack for treatment.

  2. The decision was not for BAMS doctors.

  3. Bams is not a mbbs doc remmber he think only money not for people safe max

  4. user
    Dr.jitendra dave November 25, 2016, 1:11 am

    Do not prove guilty of qualified BAMS doctor

  5. user
    Dr. Dharmendra Kumar November 20, 2016, 9:02 pm

    Many govt. PHCs and even community health centre having basic pathological facility where allopathy doctors are working will not treat fever if they get blood film negative for malaria. Many tests can not be performed even in India.

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