Who can run a laboratory ? Every nook and corner of all cities , towns and villages in India are dotted with pathological laboratories of all shapes and sizes which test blood, urine, and other samples for biochemical, microbiological and pathological tests. Most of these are run by Diploma Medical Lab Technology, BSc In Medical Lab Technology and MSc In Medical Lab Technology personnels independently. Even a city like Chandigarh has an estimated 200 such laboratories being run.Questions which have been raised from time to time are 1) What is the legal status of such laboratories? 2) Should doctors rely on reports issued by such laboratories ? 3) Would doctors be later be held liable for medical negligence if they treat patients on basis of reports from such laboratories? Chief Justice S J Mukhopadhaya and Justice K M Thaker of Gujrat High Court answered these questions in case of Association of Pathologists of Bhavnagar & ors vs Secretary Health Dept on 17-09-2010. For proper appreciation of the case the court vide para 7 of its judgment decided to club DMLT, BSc, MSc Lab Technology into ; Laboratory Technicians (Pathology) and all those who had passed MBBS qualifications and were registered with MCI or GMC as ; Doctors in Pathology. Stand taken by Laboratory technicians was that accreditation Boards established by Govt of India recognized persons who are not pathologists (BSc Medical Biochemistry with 5 yr experience, MSCc Biochemestry with 7 yr experience, MSc Microbiology and BSc Biochemestry) as persons having knowledge and competent to sign reports of tests done in these laboratores. Association of Pathologists brought to notice of court that under Establishment of New Medical Colleges Regulation 1993 Annexure I Group D Serial No 6 Pathology specifies that non medical persons should not be admitted to post graduate course in pathology, Further in Group C against item no 10 Clinical Hematolology a superspeciality requires candidate with postgraduate degree in Pathology. Signing a report was part of practice of medicine as held by court in this judgment. The court held that Laboratory technicians not being Pathologists (MBBS) cannot run any laboratory independently. They cannot directly give any report to any patient or any other individual or to any institution or practicing doctor, without the authentication of the same by the pathologist (MBBS) registered with the medical council. Doctors who rely on reports done at laboratories run by laboratory technicians independently have the risk of being accused of negligence per se for referring patient to an illegal laboratory. In the litigious environment of today it is better to be safe than sorry. Dr Neeraj Nagpal Convenor Medicos Legal Action Group Ex President IMA Chandigarh https://facebook/medicoslegalactiongroup
Posted on: Sat, 01 Feb 2014 19:19:43 +0000
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