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Do Legal Issues Deserve Space in Specialty Medical Journals ?
1Director, Hope Clinic & Maternity Centre Pvt. Ltd., Chandigarh; Convenor, Medicos Legal Action Group.
The Journal of the Association of Physicians of India
|October 13, 2016
Summary
Physicians with an MD Medicine degree in India face legal challenges regarding their practice scope, particularly concerning cardiology. This abstract highlights the need for clear guidelines on what an MD Medicine holder is qualified to treat, especially when acting as a specialist.
Area of Science:
- Medical Law and Ethics
- Internal Medicine Specialization
- Cardiology Practice
Background:
- Physicians in India often overlook legal issues impacting their profession.
- A recent NCDRC judgment labels MD Medicine physicians using 'Physician & Cardiologist' on letterheads as quackery.
- There's a lack of clarity on the scope of practice for MD Medicine degree holders in India.
Purpose of the Study:
- To debate and clarify the qualifications and training of MD Medicine degree holders in India.
- To address the legal implications of MD Medicine physicians practicing as specialists, particularly in cardiology.
- To stimulate discussion on whether such issues warrant publication in specialty medical journals.
Main Methods:
- Analysis of a recent NCDRC judgment concerning MD Medicine physicians practicing cardiology.
- Review of existing legal frameworks, including the Consumer Protection Act (CPA) and Supreme Court decisions.
- Discussion of the practical realities of medical practice in India, including the role of MD Medicine doctors in super-specialties due to a shortage of super-specialists.
Main Results:
- The NCDRC judgment creates ambiguity and potential legal risks for MD Medicine physicians practicing cardiology.
- The Consumer Protection Act allows for significant compensation claims against medical professionals.
- MD Medicine training includes cardiology, yet they are legally restricted from practicing as cardiologists in some interpretations.
Conclusions:
- There is an urgent need for the Association of Physicians of India to challenge the NCDRC judgment and seek clear guidelines from the Medical Council of India (MCI) and the Supreme Court.
- The current legal stance is out of sync with the reality of medical practice in India, where MD Medicine doctors often fill the gap in super-specialty care.
- Recognizing and debating these legal and professional scope issues is crucial for the medical community in India.
