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MEDICAL MEDICAL JURISPRUDENCEJURISPRUDENCE

PART- IIIPART- IIIRIGHTS AND PRIVILEGES RIGHTS AND PRIVILEGES

OF MEDICAL OF MEDICAL PRACTITIONERSPRACTITIONERS

INTRODUCTIONINTRODUCTION The medical profession in India has practitioners of The medical profession in India has practitioners of

different systems of medicine. Western medical different systems of medicine. Western medical science means the western methods of Allopathic science means the western methods of Allopathic medicine, Obstetrics and Surgery, but does not medicine, Obstetrics and Surgery, but does not include the Homoeopathic or Ayurvedic or Unani include the Homoeopathic or Ayurvedic or Unani systems of medicine. Their respective councils have systems of medicine. Their respective councils have defined rights and privileges of practitioners of defined rights and privileges of practitioners of Homeopathic, Ayurvedic, Unani and other forms of Homeopathic, Ayurvedic, Unani and other forms of traditional medicine. Here rights and privileges of traditional medicine. Here rights and privileges of registered medical practitioners of the Allopathic or registered medical practitioners of the Allopathic or western medical system of medicine only have been western medical system of medicine only have been discussed.discussed.

RIGHTS AND PRIVILEGES OF REGISTERED RIGHTS AND PRIVILEGES OF REGISTERED MEDICAL PRACTITIONERSMEDICAL PRACTITIONERS

Right to choose a patientRight to choose a patient A medical practitioner is not required to A medical practitioner is not required to

accept every patient who comes to him for accept every patient who comes to him for treatment. He may refuse to accept a patient, even treatment. He may refuse to accept a patient, even when no other physician is available. He is bound to when no other physician is available. He is bound to administer treatment in an emergency. Once the administer treatment in an emergency. Once the condition of a patient has stabilized to the point condition of a patient has stabilized to the point where he can be transported, the treating physician where he can be transported, the treating physician may withdraw his care. A surgeon may refuse to may withdraw his care. A surgeon may refuse to operate in situations where there are no proper operate in situations where there are no proper facilities, or where post-operative care is likely to be facilities, or where post-operative care is likely to be difficult to provide or when the patient or his difficult to provide or when the patient or his relatives curb his professional freedom. relatives curb his professional freedom.

RIGHTS AND PRIVILEGES OF RIGHTS AND PRIVILEGES OF REGISTERED MEDICAL PRACTITIONERSREGISTERED MEDICAL PRACTITIONERS

Right to fees Right to fees A medical practitioner is entitled A medical practitioner is entitled

to recover any expenses in respect of his to recover any expenses in respect of his practice, charges for medicaments and practice, charges for medicaments and appliances or any fees that he is entitled to appliances or any fees that he is entitled to for his professional services (Sec 27 of the for his professional services (Sec 27 of the Indian Medical Council Act, 1956). An ethical Indian Medical Council Act, 1956). An ethical guideline on how to determine the quantum guideline on how to determine the quantum of fees to be charged .of fees to be charged .

RIGHTS AND PRIVILEGES OF RMPRIGHTS AND PRIVILEGES OF RMP Right to sue for recovery of fees.Right to sue for recovery of fees. A medical practitioner has a right to seek legal A medical practitioner has a right to seek legal

recourse in case of non-payment of legitimate dues recourse in case of non-payment of legitimate dues (Sec 27 of the Indian Medical Council Act, 1956). In (Sec 27 of the Indian Medical Council Act, 1956). In such cases the patient may produce evidence to show such cases the patient may produce evidence to show that the practitioner treated him improperly or without that the practitioner treated him improperly or without adequate professional knowledge. adequate professional knowledge.

Right to add title to name.Right to add title to name. A practitioner is entitled to add any title, A practitioner is entitled to add any title,

letters, description or abbreviation to his name, that letters, description or abbreviation to his name, that denote a degree, diploma, license, certificate or award denote a degree, diploma, license, certificate or award that he actually holds. Either the Medical Council of that he actually holds. Either the Medical Council of India or the State Medical Council in whose jurisdiction India or the State Medical Council in whose jurisdiction he is practicing should have recognised the degree, he is practicing should have recognised the degree, diploma, license or certificate.diploma, license or certificate.

RIGHTS AND PRIVILEGES OF RMPRIGHTS AND PRIVILEGES OF RMP

Right to use Red Cross and other symbolsRight to use Red Cross and other symbols.. The right to wear and exhibit the Red Cross The right to wear and exhibit the Red Cross

emblem is given only to members of the medical emblem is given only to members of the medical services of the Armed Forces in Indiaservices of the Armed Forces in India. The object of . The object of the International Red Cross is to treat the sick and the International Red Cross is to treat the sick and injured. This work is similar to the aim of the medical injured. This work is similar to the aim of the medical profession i.e. alleviation of pain and suffering. This profession i.e. alleviation of pain and suffering. This has led to the popular but incorrect belief that all has led to the popular but incorrect belief that all medical practitioners are permitted to use the Red medical practitioners are permitted to use the Red Cross and allied symbols.Cross and allied symbols.

The use of Red Cross and allied symbols for The use of Red Cross and allied symbols for any purposes whatsoever without the approval of any purposes whatsoever without the approval of the government of India is strictly forbidden (Sec 12, the government of India is strictly forbidden (Sec 12, Geneva Conventions Act, 1960). Geneva Conventions Act, 1960).


Appointment to public and local hospitals.Appointment to public and local hospitals. Only registered medical practitioners can hold Only registered medical practitioners can hold

appointments in public and local hospitals, which appointments in public and local hospitals, which are, supported either partially or completely by the are, supported either partially or completely by the Government, in accordance with certain Central and Government, in accordance with certain Central and State statutes. State statutes.

RIGHTS AND PRIVILEGES OF RMPRIGHTS AND PRIVILEGES OF RMP Right to issue certificates.Right to issue certificates. A registered medical practitioner can issue a A registered medical practitioner can issue a

certificate on the prescribed format for administrative certificate on the prescribed format for administrative purposes and matters pertaining to the following acts: - purposes and matters pertaining to the following acts: -

Under the Acts relating to birth, death or disposal of the dead.Under the Acts relating to birth, death or disposal of the dead. Under the Acts relating to Lunacy and Mental Deficiency and Under the Acts relating to Lunacy and Mental Deficiency and

under the Mental illness Act and the rules made there under.under the Mental illness Act and the rules made there under. Under the Vaccination Act and the regulations made Under the Vaccination Act and the regulations made

thereunder.thereunder. Under the Factory Acts and the regulations made thereunder.Under the Factory Acts and the regulations made thereunder. Under the Education Acts.Under the Education Acts. Under the Public Health Acts and the orders made thereunder.Under the Public Health Acts and the orders made thereunder. Under the Workmen’s Compensation Act and Persons with Under the Workmen’s Compensation Act and Persons with

Disability Act.Disability Act.


Under the Acts and Orders relating to the notification of Under the Acts and Orders relating to the notification of infectious diseases.infectious diseases.

Under the Employee’s State Insurance Act.Under the Employee’s State Insurance Act. In connection with sick benefit insurance and friendly In connection with sick benefit insurance and friendly

societies.societies. Under the Merchant Shipping Act.Under the Merchant Shipping Act. For Procuring / issuing of passport.For Procuring / issuing of passport. For excusing attendance in courts of Justice, in public For excusing attendance in courts of Justice, in public

services, in public offices or in ordinary employment.services, in public offices or in ordinary employment. In connection with Civil and Military matters.In connection with Civil and Military matters. In connection with matters under the control of In connection with matters under the control of

Department of Pensions.Department of Pensions. In connection with quarantine rules.In connection with quarantine rules. For procuring driving licence.For procuring driving licence.


Right to appear in court as an expert witness.Right to appear in court as an expert witness. A medical practitioner who is not registered A medical practitioner who is not registered

with the Medical Council of India or State Medical with the Medical Council of India or State Medical Council cannot appear before a court of law and give Council cannot appear before a court of law and give evidence as an expert witness. evidence as an expert witness.

Right to practice medicine.Right to practice medicine. Subject to the conditions and restrictions laid Subject to the conditions and restrictions laid

down in the Indian Medical Council Act, 1956 down in the Indian Medical Council Act, 1956 regarding medical practice by persons possessing regarding medical practice by persons possessing certain recognized medical qualifications, every certain recognized medical qualifications, every person whose name is for the time being borne on person whose name is for the time being borne on the Indian Medical register shall be entitled the Indian Medical register shall be entitled according to his qualifications to practice as a according to his qualifications to practice as a medical practitioner in any part of India (Sec 27 of medical practitioner in any part of India (Sec 27 of the Indian Medical Council Act, 1956).the Indian Medical Council Act, 1956).

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