MEDICAL

JURISPRUDENCE
RIGHTS
AND PRIVILEGES
PARTIII
OF MEDICAL
PRACTITIONERS

INTRODUCTION

The medical profession in India has practitioners of

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

RIGHTS AND PRIVILEGES OF REGISTERED

MEDICAL PRACTITIONERS

Right to choose a patient

A medical practitioner is not required to
accept every patient who comes to him for
treatment. He may refuse to accept a patient, even
when no other physician is available. He is bound to
administer treatment in an emergency. Once the
condition of a patient has stabilized to the point
where he can be transported, the treating physician
may withdraw his care. A surgeon may refuse to
operate in situations where there are no proper
facilities, or where post-operative care is likely to be
difficult to provide or when the patient or his
relatives curb his professional freedom.

RIGHTS AND PRIVILEGES OF

REGISTERED MEDICAL PRACTITIONERS

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

RIGHTS AND PRIVILEGES OF RMP

Right to sue for recovery of fees.

A medical practitioner has a right to seek legal
recourse in case of non-payment of legitimate dues (Sec
27 of the Indian Medical Council Act, 1956). In such
cases the patient may produce evidence to show that the
practitioner treated him improperly or without adequate
professional knowledge.
Right to add title to name.
A practitioner is entitled to add any title, letters,
description or abbreviation to his name, that denote a
degree, diploma, license, certificate or award that he
actually holds. Either the Medical Council of India or the
State Medical Council in whose jurisdiction he is
practicing should have recognised the degree, diploma,
license or certificate.

RIGHTS AND PRIVILEGES OF RMP

Right to use Red Cross and other symbols.

The right to wear and exhibit the Red Cross
emblem is given only to members of the medical
services of the Armed Forces in India. The object of
the International Red Cross is to treat the sick and
injured. This work is similar to the aim of the medical
profession i.e. alleviation of pain and suffering. This
has led to the popular but incorrect belief that all
medical practitioners are permitted to use the Red
Cross and allied symbols.
The use of Red Cross and allied symbols for any
purposes whatsoever without the approval of the
government of India is strictly forbidden (Sec 12,
Geneva Conventions Act, 1960).

RIGHTS AND PRIVILEGES OF RMP

Appointment to public and local hospitals.

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

RIGHTS AND PRIVILEGES OF RMP

Right to issue certificates.

A registered medical practitioner can issue a certificate
on the prescribed format for administrative 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 Lunacy and Mental Deficiency and
under the Mental illness Act and the rules made there under.
Under the Vaccination Act and the regulations made thereunder.
Under the Factory Acts and the regulations made thereunder.
Under the Education Acts.
Under the Public Health Acts and the orders made thereunder.
Under the Workmens Compensation Act and Persons with
Disability Act.

RIGHTS AND PRIVILEGES OF RMP

Under the Acts and Orders relating to the notification of

infectious diseases.
Under the Employees State Insurance Act.
In connection with sick benefit insurance and friendly
societies.
Under the Merchant Shipping Act.
For Procuring / issuing of passport.
For excusing attendance in courts of Justice, in public
services, in public offices or in ordinary employment.
In connection with Civil and Military matters.
In connection with matters under the control of
Department of Pensions.
In connection with quarantine rules.
For procuring driving licence.

RIGHTS AND PRIVILEGES OF RMP

Right to appear in court as an expert witness.

A medical practitioner who is not registered with
the Medical Council of India or State Medical Council
cannot appear before a court of law and give evidence
as an expert witness.
Right to practice medicine.
Subject to the conditions and restrictions laid down
in the Indian Medical Council Act, 1956 regarding
medical practice by persons possessing certain
recognized medical qualifications, every person whose
name is for the time being borne on the Indian Medical
register shall be entitled according to his qualifications
to practice as a medical practitioner in any part of India
(Sec 27 of the Indian Medical Council Act, 1956).