Legal aspects of allopathic hospitals employing AYUSH practitioners Are there any laws or guidelines with respect to the role of practitioners of Indian systems of medicine employed as medical officers in hospitals which deal only and solely with allopathic medicine? 1) The practice of employing AYUSH practitioners in hospitals is common in many private hospitals. This is illegal and has been commented as follows by the National Consumer Commission: “When a patient is admitted in a hospital, it is done with the belief that the treatment given in the hospital is being given by qualified doctors under the Indian Medical Council Act, 1956. It is not within the knowledge of the relatives of the patient that the patient is being treated by a Unani specialist. We hold that it is clear deficiency in service and negligence by the hospital for leaving the patient in the hands of a Unani doctor… As laid down by the Apex Court in the above case (Jacob Mathew Vs. State of Punjab), we feel it is high time that hospital authorities realize that the practice of employing non-medical practitioners such as Doctors specialized in Unani system and who do not possess the required skill and competence to give allopathic treatment and to let an emergency patient be treated in their hands is a gross negligence.” In Prof P N Thakur Vs. Hans Charitable Hospital, NC, 16 August 2007 2) This practice is employed by private hospitals to cut down costs because AYUSH graduates are available at a much less salary than MBBS graduates. The hospital owners naturally want to cut down expenses and that is the right of anyone who owns a business. However, no one is allowed to break law to maximise business returns. As is clear from the NC decision quoted above, it is illegal on the part of hospital owners to employ AYUSH graduates under the guise of modern medicine graduates. Public needs to be cautious and vigilant against such hospitals. All concerned should complain against such hospitals in the interest of cleaning the medical profession. This is a material issue in a writ petition currently pending before the Delhi High Court against a corporate hospital owned by a senior IMA official. 3) While the fault lies with the owners of the hospital, blame must also be shared by the government which licenses and controls private hospitals and collects taxes from them and grants various favours to them or imposes sanctions upon them as it pleases but never bothers to check the malpractice of employing AYUSH practitioners in a clandestine manner. Such malpractice is a clear reason in support of the Clinical Establishments Act, 2010, which aims at regulating clinical establishments.
Posted on: Sun, 16 Mar 2014 08:44:05 +0000
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