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M.D. Medicine Doctor fined for calling himself a Cardiologist

M.D. Medicine Doctor fined for calling himself a Cardiologist

Can a M.D. Medicine Doctor practise as a Cardiologist ?

In the case of Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur & ors, V/s. Kishan Shukla (R.P. No.4023/2011), the National Commission was dealing with the aforesaid question and the answer was in negative. A doctor must have valid and recognised specialised qualification.

Facts :
Allegations :
1) The deceased wife of the Complainant No.2 was diagnosed as valvular disease of the heart and was further directed to take treatment of a Cardiologist. Dr. Goyal, who claimed himself a Cardiologist, conducted tests pertaining to heart problems on the patient and diagnosed her as Mitral Stenosis with Mitral Regurgitation (MS with MR) and started treatment. In the meantime of her treatment, she became pregnant. As there was no improvement in her health, she was further referred to another Cardiologist, who advised urgent hospitalization and further undergo delivery operation at the earliest, as it was her 8th month of pregnancy. She delivered a baby boy, but her condition deteriorated and she was shifted to ICU, where she she was declared as dead in next morning, but no relative was allowed to see her.
Defense :
1) Dr. Goyal never denied the fact that “Consultant Physician and Cardiologist” has been printed on his prescription. Nevertheless he gave best possible treatment to the deceased. Gynecologist and Anesthesiologist also claimed that they performed their duties well.

Held :
1. The National commission relied upon the observations of The State Commission which after perusing entire record and evidence rejected the appeal of the petitioners and observed that Dr. Goyal was not a Cardiologists and it was the duty of Goyal Hospital to make available Cardiologist at the time of operation of patient suffering from such serious ailment. After the delivery option, not allowing relatives to go inside and meet also create doubts.
2. Dr. R. K. Vyas also admitted that Dr. Goyal was not a cardiologist and a simple M.D., cannot claim of being cardiologist i.e. Specialist in Heart Disease. As per IMC Regulations, 2002 Clause-B Sub-clause 1.1.3,. “ No person other than a doctor having qualification recognized by Medical Council of India and registered with Medical Council Of India/State Medical Council(s) is allowed to practice Modern System of Medicine or Surgery. Even otherwise, undergoing several trainings, attending workshops in Cardiology did not confer qualification of cardiologist. Hence it is not recognized by MCI or Rajasthan State Medical Council.
3. The Commission further relied upon the land mark judgment of Hon’ble Supreme Court in Jacob Mathew V State of Punjab & Anr, (2005) 6 SSC 1= III (2005) CPJ 9 (SC) where in it had concluded that,
“ a professional may be held liable on one of two findings : either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise reasonable competence in given case, the skill which he did possess.”
It was risky that a doctor who is not qualified and competent to do so which amount to therapeutic misadventure
4. Thus the Commission not only directed to pay the petitioners a sum of Rs.6,82,000,, but also saddled punitive cost of Rs.1,00,000/-.

So beware of what you have and what you pretend to have. Nowadays specialisation in Medical field is enhancing rapidly. Jokingly it is said that there will be separate Doctors for treatment of Left eye and Right eye. SO, Honesty is the Best policy, isn’t it ?

Adv. Rohit Erande
Pune.

You can get a copy of the judgement by clicking on the link below:-

http://164.100.72.12/…/judgem…/00130508153736415RP402311.htm

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.
18 comment(s) on M.D. Medicine Doctor fined for calling himself a Cardiologist

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  1. so the doctors who have the 2yr diplomas PGDCC in cardiology nowadays also see all these patients as DM cardiologists. PGDCC, DNB, DM all write cardiologist on their pads. Are patients supposed to know the difference between the abbreviations, and which cases the doctors should be allowed to treat?

  2. user
    geetha subramanian April 12, 2016, 4:22 am

    we should agree in a vast country like india with more than a billion population there is always a dearth of super specialists to treat specific conditions be it cardology neurology etc
    basic MBBS student himself is trained in all aspects of medicine and surgery
    we should agree that MBBS like bread available everywhere for any situation as long as they have basic diagnostic and therapeutic knowledge they are available in any emergency situation
    MD is like butter as it is sparsely available but an MD is very capable to deal with the medical management of any cardiac or neuro etc cases with proper advice including hospitalisation and drugs
    only thing is he can not perform valvular balooning or valve surgery
    for that they can and should consult a speciaist as per the appropriateness and contigencies of the situation to save both the patient and his reputation
    in the hours of crisis he should shed his ego and keep the patients as the utmost importance in his mind that too in a pregnant woman with valvular heart disease she deinitely needs hospitalisation and periodic review of the patient though at that stage surgery of the valve may carry very high risk with proper medical attention n such crucial situations mortality and morbidity can be avoided
    the mistake with the present doctor is his tendency to practise as a cardiologist mentioning that also illegally in his card when actually he could have taken a cardiologist in his panel and coordinated with him in delivering the best care to a patient with valve problem
    since he has not done it he has got into problem
    otherwise if he had been wise enough to include a cardoiogist in the panel there would not have been such untold sufferings for hm
    even despite a cardiologist being there still it is possible for the patient to have complications
    inherent in such cases
    if we take the ratio of quaified cardiologists their number is very ow
    asking every cardiac patient to consult only a cardiologist will burden the patient with more expenses
    so depending upon the correct judgement of the patients condition a secialist shoukd be consulted when ever neededwith out much addition to the patients expenses
    in a country like india where medical education is very costly time consuming to even reach MD LEVEL and then SUPER SPECIALIST LEVEL SUCH KNEE JERK REACTIONS WILL LEAD TO 0DEMORALISATION OF EXISTING GOOD MBBS as well as MD/ms doctors leading to less and less people opting for medical profession
    future will be bleak for the health care professional as well as public health with gross shOrtage of doctors
    we wilL face scarcity of doctors with MBBS DEGREE LIKE USA UK WHERE AT PRESENT THERE IS GROSS SHORTAGE OF DOCTORS WITH THE STAFF NURSES BEING ASKED TO DO THE WORK OF THE DOCTORS(IAM SUBJECT TO CORRECTION IF MY INFORMATION IS WRONG)IN COUNTRIES LIKE CHINA KOREA ETC ALREADY MEDICAL GRADUATES ARE LEAVING THE PROFESSION AND JOINING OTHER LESS RISKY PROFESSIONS
    IN USA MANY DOCTORS BY THE AGE OF 40 TO 45 STOP PRACTICING MEDICINE AND START SOME OTHER BUSINESS VENTURES DUE TO TOO MANY LITGATIONS AND STRICTURES
    IN OUR COUNTRY WHEN ANY PATIENT DIES DESPITE BEST TREATMEN ALREDY THERE IS A CULTURE OF THE RELATIVES DIRECTLY TAKING LAW NTO THEIR HANDS AND BEATING THE TREATING DOCTORSBRUTALLY
    SO SOME WISDM SHOULD PREVAIL IN THE SOCIETY NOT TO HARASS THE DOCTORS AND DOCTORS ALSO SHOULD USE THEIR SAGACITY IN JUDGING THE NEEDS OF PATIENTS AND CALL SPECIALISTS SINCE LIFE IS VERY PRECIOUS AND NO LIFE SHOULD BE LOST UNNECESSARILY

  3. user
    Ashwin Alexander March 29, 2016, 6:41 pm

    A specialist is an expert in the field. Having a title of “Consultant ” should be conferred only to an expert in the field with valid degrees and training recognized by the MCI.

    This rampant misuse of title and deceit to procure more patients should be punished.
    The amount of medical quackery happening in suburban and rural in India should be checked.

    will share a few fakes which i came across in the recent years.

    1.Physiotherapist – labelled as Doctor of spine and bones

    2.MBBS with unrecognized sonology degree -labelled Consultant Radiologist

    3. MBBS with unrecognised MD Cardilogy degree (Russia)- Consultant Cardiologist

  4. It reminds me of an incident. One of my client, of grandpa age was not well and hence I asked him to bring Medical certificate for taking adjournment and he bought the certificate of a Gynaecologist, as she was ear go his home. The court objected as why a man would go to a Gynaecologist for his treatment, but I could convince that A Gynaecologist is basically MBBS, so she can certify.

    Well, I don’t know the niceties, but what special education etc a Cardiologist takes than the MD Medicine ?
    For e.g. in case of Lawyers, ones we have LLB degree, we can practise and handle any type of cases. Its one’s interest and capacity makes him/her criminal/civil lawyer.
    In the aforesaid case, a Cardiologist himself opined against the MD.Med.Doctor that he cannot be a Cardiologist. In some other forums, some of the Doctors have welcomed this decision.

  5. I can see all the above people are MDs. I am a cardiologist with a DM in cardiology practising for the past 27 years as a cardiologist. I was the best in my class and my IQ is far above average. I have attended International and national meets and I update regularly thro the net, journals and latest editions of text books. I can assure you that I have not mastered cardiology even after 27 years of practice as a cardiologist. The more I read the more I realize how little I know. How can anyone have mastered all the systems of the body and be up to date in all the topics. Medicine has advanced to such a level that you have to accept that specialists are better in their respective fields (and may be poorer in others). There are hundreds of cardiologists passing out every year in the country. In my state 20 pass out every year and there are cardiologists in every district. Access to a cardiologist is no problem. My professors, 30 yrs ago, had DM Cardiology degrees. We were taught and trained by them. Do not make out that MDs are equal to DMs. I hope the IMA looks into the matter and passes strict rules that when a cardiologist is available an MD should not don the mantle of a cardiologist. I consider that as ‘qualified quackery’. May be if a cardiologist is not available within a 50Km radius or in a life saving situation, a MD can treat cardiac emergencies but should get the opinion of a cardiologist ASAP. Follow up can be done by the MD or MBBS but the patient should be referred again if any worsening is noted. There are MBBS and MDs calling themselves cardiologists, diabetologists, cardio diabetologists, neurologists, pulmonologists displaying fellowships and diplomas not approved by the medical council. Some years ago there was a proposal to train ‘bare foot doctors’ (a 4yr ‘medicine course’) to be let loose on the unsuspecting rural community which, thank god, did not materialize. I can see a parallel. Think of the patient as another human being like your family member. Will you trust your children or parents to a MD instead of a DM Cardiologist when hundreds of cardiologists are available in a metro like Mumbai? I can understand the plight of MDs as their work has been taken over by specialists in almost all fields (even fever has been taken over by Tropical diseases specialists). They must know their limitations. If the above doctor had got an opinion from a cardiologist initially I feel things would’nt have turned out thus.

  6. Ur wrong !! Ur just another egoistic man

  7. You are insane with absolutely no respect to Mbbs and md doctors .

  8. This is the problem with egoistic people like you. within a span of a few years MD medicine will become obsolete and people will visit a cardiologist for hypertension, chest pain due to gastritis. they will visit a neurologist for a simple headache, an endocrinologist for impaired glucose tolerance. cost of healthcare will skyrocket. you people use the term SUPER specialists as though you guys are a class apart. you guys are SUB specialists of internal medicine. and may i please remind you that in countries like UK a patient has to first consult a GP and then if necessary will be referred to a specialist. only in an emergency direct specialist consultation is possible. and GPs are respected, earn at par or even more than your so called superspecialists. and it is the best healthcare system in the world, even the americans accept it to be superior to their own country. in countries like denmark GPs make more than specialists. so according to your logic all those are underdeveloped countries. it is a known fact even to you that a lot of patients going to superspecialists can be treated by a plain md medicine, that would be an ideal situation but then you guys would be losing out on a lot of money. because of lack of unity among MBBS, MD, DM doctors indian healthcare is moving towards a systematic collapse, and i dont see any scope of improvement because of egoistic people like you who term MD medicine treating a speciality level case which doesnt require any intervention as a qualified quackery.nobody is bothered about your IQ, i have understood you are simply incapable of analysing the problems in healthcare system and looking at the larger picture, that shows your IQ.

  9. user
    Ashwin Alexander March 29, 2016, 6:44 pm

    I agree with you sir. Someone should put an end medical mislabeling quackery.

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