Mumbai Court acquits MBBS doctor earlier arrested for operating on piles patient

Mumbai: Granting relief to an MBBS doctor, who had been arrested in 2021 in connection with the allegations relating to performing a piles surgery procedure, a Mumbai Court has acquitted him of all charges under Sections 419, 420, and 337 of the Indian Penal Code (IPC).

After a detailed evaluation of evidence and witness testimonies, the Hon'ble Judicial Magistrate First Class (JMFC), Kurla, Mumbai, held on December 7, 2024, that the allegations made against the doctor were not proven beyond a reasonable doubt.

During the trial, key witnesses did not support the prosecution’s case, and no conclusive material establishing negligence or criminal intent was brought on record.

The case dates back to 2021. Back then, a complaint was filed against the doctor alleging that he had performed a surgical procedure for piles in a negligent manner and without appropriate qualifications.

Police came to know about the incident when a 46-year-old patient, a taxi driver by profession, approached the Police and claimed that the accused doctor allegedly performed piles surgery on him and endangered his life.

Based on the complaint, a case was registered, and the doctor was subsequently arrested. However, during the course of the trial, the prosecution failed to substantiate these allegations. The court noted a lack of supporting evidence and inconsistencies in witness statements, ultimately resulting in an acquittal.

The Hon’ble Court observed that the prosecution could not establish the charges beyond a reasonable doubt, and the witnesses did not corroborate the allegations during the trial. Further, the court noted that no sufficient evidence of negligence or wrongdoing was proven.

Scope of Practice of MBBS Doctors

Originally, the complainant had alleged that the doctor did not have the required MS (surgery) qualification to perform the surgery. However, the court did not deliberate on this matter. Nonetheless, this case brought attention to the often-debated issue regarding the scope of practice of MBBS doctors in India.

When the Medical Dialogues team asked the concerned doctor about the issue, he referred to the Graduate Medical Education Regulations, 1997, as per which, MBBS doctors are trained to function as first-contact physicians, capable of diagnosing and managing common medical conditions and performing basic clinical procedures.

Back in 2022, the doctor had also filed an application under the Right to Information (RTI) Act, seeking clarification on whether an MBBS doctor was allowed to perform piles surgery.

In response to the RTI application (a copy of which is with the Medical Dialogues team), AIIMS clarified that MBBS doctors are authorized to perform minor surgical procedures, including treatment-related procedures for conditions such as piles, fissures, and fistula.

"...a MBBS doctor is authorized to perform these minor surgical procedures like fistula, fissure and haemorrhoid," the response from AIIMS mentioned.

"Yes, a MBBS doctor can do minor Surgical Procedure like superficial ligation of Piles," AIIMS responded to another RTI filed by the doctor in this regard

Speaking to Medical Dialogues regarding the term "Minor Surgical Procedures", the doctor said, "Medical experts note that MBBS doctors are trained to perform minor procedures under local anesthesia, including- management of common anorectal conditions, wound care and minor surgical interventions, basic emergency and outpatient procedures. However, major or complex surgeries requiring advanced operative setups and specialized training are generally referred to surgeons with higher qualifications."