Registered Medical Practitioner

Under the Transplantation of Human Organs and Tissues Act, 1994 and the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the expression “Registered Medical Practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and who is enrolled on a State Medical Register as defined in clause (k) of that section.

Some rights of medical practitioners are as follows:

1. Right to choose his patients :

Medical practitioner has right to choose his patient but once treatment begins, he cannot refuse. In an emergency, however, he should not refuse to give treatment but should render service to the best of his ability. Having undertaken the care of a patient, he may not neglect him; and unless he has been discharged, he may discontinue his services only after giving adequate notice.

2. Right to use his titles and qualifications :

He is entitled to use his title (Dr.) and qualifications approved by central and state Medical Councils.

3. Right to receive and recover fees and expenses :

Irrespective of the patient cured or not he has right to receive reasonable fees for the treatment given by due care and skill. He can charge for medicines given by him. He can charge for conveyance for his home visits. If the lawful charges are not paid by the patient, then he can take recourse of legal proceedings to recover this amount.

4. Right to get appointed in Hospitals and Institution :

He has right to get appointed in local body, Government, or private hospital and institution. But this appointment depends on the policy of respective organization responsible for such appointment.

5. Right practice medicine and dispense medicine :

He has right to practice the line of medicine in which he holds the required qualification from his clinic, dispensary, or hospital. He can dispense medicines to patients. It is expected that he prescribes generic names of the medicines.

6. Right to issue medical certificates :

Issuing medical certificates is integral responsibility of medical practitioner. He has right to issue medical certificates required

*by employers, schools, colleges, etc.

*to obtain passport or driving license

*under Factories Act, Vaccination Act, etc.

Sometimes medical practitioner issue false certificate, which is an offence.

7. Right to Give Evidence :

Under the doctrine of privileged communication, a medical practitioner must keep the reports and communication with patient confidential. If doctor is sued for medical negligence by the patient, then the doctor may disclose information to the Court similarly if a doctor sues patient for non-payment of fees, the patient can disclose information to the Court. If Court orders to produce medical reports containing confidential information, then the doctor can appear as a witness and he is supposed to submit evidence to the Court.

8. Right to remove organs and tissues from a dead body :

A medical practitioner has a right to remove organs and tissues from a dead body for the purpose of transplantation or inquest. When using this right, the medical practitioner must obey the legal provisions associated with the removal of organs from a  dead body.

9. Right to perform medical termination of pregnancy :

Abortion or medical termination of pregnancy is a medical procedure to end a pregnancy. It uses medicine or surgery to remove the embryo or fetus and placenta from the uterus. The procedure is done by a licensed health care professional.

10. Right not to be unfairly discriminated :

A medical practitioner has right not to be discriminated on the basis of race, caste, creed, religion, gender, place of birth, place of origin, etc.

11. Right to have political views :

Without infringing the ethics or the laws, regulations and rules, he can participate in political activities and can take political view or decisions.

DUTIES TO PATIENTS

1. Although a physician is not bound to treat each and every patient who the calls of asks for his services, he should always be ready to respond to the sick and the injured.

2. He should endeavour to add to the comfort of the sick by making his visits at the time indicated to his patients.

3. A physician can advise the patient to seek the services of another physician if the patient   is   suffering   from   an   ailment   which   is   not   within   the   range   of   the experience of the treating physician. However, in case of emergency he cannot refuse to give treatment to a patient.

Duties towards the Patient :

1. Obligation to the Sick : (Article 41 & 42 to be read with Art 21) :

Bound to treat each and every patient. Should always be ready to respond to the calls. Health and life of patients depends on attention he pays.

2. Patience, delicacy and secrecy : Patience and delicacy(skill) should be the constant feature. Should not divulge the secrets of his patients.

3. Prognosis (Prediction) : The doctor should not exaggerate nor minimize the gravity of his patient’s condition to patients and his relatives.

4. The patient should not be neglected : Doctor should not neglect patients nor he should withdraw himself from treating the patients without reasonable notice or when going on leave,

5. Duty to provide Standard Care : Standard and suitable equipments in good conditions, sufficiently competent assistants, use standard drugs as medicine

6. Providing information to patients/close relatives : Information like necessity of the treatment, risks involved, duration of treatment, likely expenses, etc.

7. Consent for the treatment : Informed consent should be taken.

8. Emergency care : Doctor is bound to provide emergency care on humanitarian grounds irrespective of caste, religion.

9. Duties in special circumstanes like surgical treatment. : Must use properly sterilised instruments, properly qualified and experienced anaesthetics or assistants, no experiments with patient.

10. Other General duties like, duty to pay special attention towards children, old patients, disabled patients, necessary investigations only no unnecessary investigations, Maintain uptodate knowledge, attending CME programmes, information of birth/death to appropriate authority.