OPINIONS

‘I am a Dawn-DGO. Can I face some problem legally?’

Thursday, December 4, 2014

by Dr M C Gupta

MD (Medicine), LLM
Health and Medico-legal Consultant, New Delhi

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 M C Gupta

Dr M C Gupta

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.

You Ask:

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)
Phone: 9999-333-801

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6 Comments »

Comment by DRNANDKISHORE KAPADIA
2014-12-07 15:43:17

Dear sir

I read with interest several comments on Doctors who are qualified from Institutions other than recognised by MCI. Everyone knows that there are many Medical colleges in Russia and other Ex USSR Countries where classes are run in apartment complexes, The vedeos are played to demonstarte the dissection, so on and so forth . What is the standard of teaching ??? Same MCI will grant the Licences to Doctors from these Universities after passing qualifying exam. I think we are seeing the problems in medical practice with closed eyes. Crores of rupees are given by candidate to reserve a pg seat ? How a mediocre MBBS will come out a perfect Doctor from this paid platform ? Incidence of Sree Auribindo Medical College Indore MP is Fresh and the Owner of the college is in Jail, But the so called behind the scene players are out. Unless Govt controlls the Corruption at grass root level, ie Uniform Indian level Entrance for MBBS and PG, nothing will work . With some due respect to MCI, the recognision of FRCS and MRCP without the entranc exam is a mistake as many of them are not so experiened when they come back to India. IGNOU recognised Diplomas are less methodical than NARCHI DGO. MCI should recognise such efforts of late DrDwan and grant this Diploma a status by recognising and cotrolling by its Body .

Thanks

DrNandkishore Kapadia

Head and Director Heart & Lung Transplant Programme
G H C Chennai India

9884107551

 
Comment by Dr Shailendra jain
2014-12-08 13:02:49

I consider degree should be utmostimportance. tomorrow some may open and start giving degee to alternative medicine. The general public should know that this is the recognised degree and I should trust and treated by him. If we give importance than why we make hue and cry when BAMS prescribed medicine. he can also claim that he was trained by so and so peson. There should be check to open pandorabox. Most of people are writing cardiologist, nephrologist and do only noninvasive procedure.

Dr Shailendra

 
Comment by Dr Sunil
2014-12-08 15:09:31

Yeah, there is problem legally. If you have done a gynecological procedure ,and there is a fiasco, your degree provides you no cover in case of litigation. You loose the suit from very start as doctrine of res ipsa loquitur shall be applicable.

 
Comment by Dr.Gagan
2015-11-15 05:16:25

I differ with Dr.shailendra, Indian medical council act 1956 gives right to mbbs doctors to perform any general surgery, obgy surgery and ottho sergeries. So no issue you are any kind of diploma or not, you are 100% eligible to do these surgeries. If your mbbs is recognised by mci and you have its registration in state medical council.

 
Comment by V.ANJANEYULU
2015-12-21 20:23:13

good evening sir
she is passed dgo diploma and had cirtificate of dgo from c.p.s. medical college mumbai but this college is derecognised by medical council of india, but now with candidate is working in telagana as the dgo. is she elgeble to work as dgo? without recognised certificate medical council of india and also she has not yet registerd telangana medical council, but she has been working has a dgo for four years in telangana

thank you sir

 
Comment by Priti
2018-02-09 20:43:46

Regarding dawndgo doing usg

 
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