Dr M C Gupta, a doctor turned lawyer, provides medico-legal opinion on whether an MBBS graduate with Dawn-DGO can face problem legally.
Dr Gupta holds an MD (Medicine) from All India Institute of Medical Sciences (AIIMS), an LLB from Delhi University and LLM from Kurukshetra University. He has served as a faculty member at AIIMS for 18 years and as professor and dean at the National Institute of Health and Family Welfare. Currently, Dr Gupta is a practising advocate with health and medical law as the area of special interest. He is a member of the Supreme Court Bar Association and Indian Law Institute.
After MBBS, I got a diploma in Obs & Gynae, often referred to as Dawn-DGO, which is affiliated to the Ministry of Health, Government of India and the Karnataka State Open University but is not recognised by the Medical Council of India (MCI). I have my own nursing home where I perform all obstetrics and gynaecology procedures. Can I face some problem legally?
– Dr Krushna Chag
Dr Gupta Responds:
1—You can face a problem only if you violate a law. You have not done a crime by getting a qualification not recognised by the MCI. The laws which matter in your case are the MCI Code of Ethics Regulations, 2002, and the Consumer Protection Act (CPA), 1986.
2—As regards the MCI law, you should not misrepresent yourself. Misrepresentation can be deemed to be fraudulent. When you write your name in any records, or when you introduce yourself to others in any manner, you should not hold out as if you have a qualification conferred by a regular university or is recognised by the MCI. You should write your name as — “Dr ABC, MBBS (… Medical College), DGO (NARCHI), Registration No … (… State Medical Council)”.
3—NARCHI (National Association for Reproductive and Child Health of India) is not a university. It is non-governmental organization (NGO) registered as a society in West Bengal. It was founded by Dr C S Dawn, former president of the Federation of Obstetric and Gynaecological Societies of India (FOGSI).
4—You should not perform complicated procedures which the medical community / medical council is likely to consider as those that should be done by a degree holder specialist. Please note that affiliation to the health ministry or the Karnataka Open University means nothing as regards non-recognition by the MCI.
5—As regards the CPA, you should avoid committing negligence. This is true of even a professor of Obs & Gynae. Degrees do not save a person from CPA. As long as you work like an ordinary prudent doctor within the scope of your qualifications, the CPA should not make you afraid.
Dr M C Gupta (Former Professor and Dean)
MD (Medicine), LLM
Advocate (Delhi Bar Council Registration No. 857/2001)
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