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Medicolegal advise regarding orthopedic surgery

(Querist) 01 October 2010 This query is : Resolved 
1. can a MBBS doctor who had NOT done any post graduation in orthopedics, conduct orthopedic surgeries in a government hospital in Delhi legally without supervision.
2. can a MBBS doctor who has not done any post graduation in orthopedics but is senior, instruct a doctor who is post graduate in orthopedics, regarding the orthopedic management of a patient. If yes, then is that instruction binding.
ashish khurana (Querist) 01 October 2010
I sincerely request the experts to kindly resolve my queries. Thanks in advance
Parthasarathi Loganathan (Expert) 02 October 2010
1. PG degree has got nothing to do with his conduct as surgeon as the basic degree MBBS is enough as stipulated by Medical Council Rules.

2. Instructions or decisions taken regarding a surgery process has no way connected with PG or UG medical degrees
s.subramanian (Expert) 02 October 2010
I agree.
ashish khurana (Querist) 02 October 2010
thanx for the comprehensive and prompt reply. regards
DR.P.L.NAWALKHA (Expert) 02 October 2010
M.B.B.S DEGREE IS THE BASIC EXPOSURE IN ALL ASPECTS OF BASIC AILMENTS,BOTH COMMUNICABLE,NON-COMMUNICABLE,MANAGEMENT OF FIRST ATTENDANCE PART OF TRAUMA, BASICS OF RESUSCITATION MEASURES,ETC. HE CAN NOT BE PERMITTED TO DO ORTHOPAEDIC SURGERY,EXCEPT IN AREAS,NOT MANNED WITH ORTHOPAEDIC EXPERTS WITHIN REACHABLE DISTANCE,AND SURGERY IS WARRANTED AS LIFE SAVING MEASURE AND/OR HE IS SKILLED AS HOUSEMAN IN ORHOPAEDIC AT SOME STAGE WITHIN FIVE YEARS PRIOR TO. MBBS WITH NIL EXPOSURE IN ORTHOPAEDICS IS MANDATORILY RESTRICTED TO DO ORTHOPAEDICS SURGERY. HE IS NOT PERMITTED TO GUIDE HIS ASSISTANT WHO HAS SOME TRAINING IN ORTHOPAEDICS.
DR.P.L.NAWALKHA (Expert) 02 October 2010
M.B.B.S DEGREE IS THE BASIC EXPOSURE IN ALL ASPECTS OF BASIC AILMENTS,BOTH COMMUNICABLE,NON-COMMUNICABLE,MANAGEMENT OF FIRST ATTENDANCE PART OF TRAUMA, BASICS OF RESUSCITATION MEASURES,ETC. HE CAN NOT BE PERMITTED TO DO ORTHOPAEDIC SURGERY,EXCEPT IN AREAS,NOT MANNED WITH ORTHOPAEDIC EXPERTS WITHIN REACHABLE DISTANCE,AND SURGERY IS WARRANTED AS LIFE SAVING MEASURE AND/OR HE IS SKILLED AS HOUSEMAN IN ORHOPAEDIC AT SOME STAGE WITHIN FIVE YEARS PRIOR TO. MBBS WITH NIL EXPOSURE IN ORTHOPAEDICS IS MANDATORILY RESTRICTED TO DO ORTHOPAEDICS SURGERY. HE IS NOT PERMITTED TO GUIDE HIS ASSISTANT WHO HAS SOME TRAINING IN ORTHOPAEDICS.
Parthasarathi Loganathan (Expert) 02 October 2010
How does a poor patient check all these aspects when he reports a doctor for treatment of any ailments for that matter. MCI is silent without clearly spelling out specific professional norms to differentiate between a doctor holding a MBBS degree and the one holding a PG or super specialty qualifications
ashish khurana (Querist) 02 October 2010
I want to thank all the experts for their invaluable information.
Just an extension to that question is that suppose Dr XYZ is MBBS only and is working in department of orthopedics as a medical officer in a government hospital for 15 years . Will he be considered an expert in the field of orthopedics legally.
Parthasarathi Loganathan (Expert) 02 October 2010
Mere experience would not amount to expertise. At the same time one need not be experienced to be an expert. However, medical expertise can be better commented by medical professionals. However, exposure and service track record of a Government Doctor will surely support his expertise in any specialty for that matter. Legally it can argued in this fashion and conclusive proof for having gained the requisite expertise is purely based on track record.


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