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PROFESSIONAL AND LEGAL DUTIES OF AYURVEDIC PHYSICIAN

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REVIEW ARTICLE ISSN 2456-0170

PROFESSIONAL AND LEGAL DUTIES OF AYURVEDIC PHYSICIAN

1
Dr. Abhijeet A. Gawai 2Dr. M.N. Khankhane 3Dr. Vidya Undale 4Dr. Jyoti Gawali
1
PG Scholar, 2H.O.D, 3Reader, Dept. of Agadtantra avum Vidhivaidyaka, 4Reader, Dept. of
Rasashastra and Bhaishajya Kalpana, SSAM, Hadapsar, Pune.

ABSTRACT
Ayurveda is most commonly practiced form of complementary and alternative medicine
(CAM) in India. The history of the physician legal duties has been traced from the first
recorded writing of Babylonian era to the present day. There has been a transition from the
days of absolute liability to the modern idea of liability based on culpability. Broadly, if a
physician renders reasonable care and skill, he is absolved from liability. Physician plays an
important role in health care delivery system. Every registered medical practitioner has to
perform some medico legal duty during discharge of his/her duty. Legally the physician duty
to explain is derived from the doctrine of informed consent and the physician duty of
disclosure. Thus because the explanation to the patient is legally required. An inappropriate or
inadequate explanation is breach of duty of disclosure.
KEY WORDS: Physician, Vaidya, jurisprudence, medico legal, negligence, IPC, patient.

INTRODUCTION written consent. But in some special cases

Every registered medical practitioner has written consent is required. In criminal
to perform some medico legal duty during cases, poisoning cases, rape cases, the
discharge of his/her duty. In the emergency victim and the accused cannot be examined
room, they have to make injury report in all without his/her written consent. Different
unnatural cases. If he fails to discharge this consenting ages: for medico legal
duty he may be charged under various examination 12 years and above, for sexual
section of IPC along with punishment. intercourse 16 years and above.1
In addition during examination of the cases AIM
a male /female attendant should be present To make aware about legal duties of
for a male patient and a female attendant for physician while delivering a medical care or
female patient. Next in ward doctor is to treatment in clinic or in a hospital set up.
examine the case very carefully and treat the In Ayurveda, Aacharya has mentioned
patient with a reasonable degree of skill, about qualities and duties of Vaidya
care and knowledge to avoid charge of (Physician) regarding treatment of patient.
negligence. Ashtang sangrahakar has given four
1. Consent means voluntary agreement; qualities of physician while delivering
compliance or permission, when a patient is medical care. Those are; 1) Daksh- alertness,
coming to a doctor for treatment the consent 2) Tirthattshatrarth- physician must have
is implied. There is no need of taking knowledge obtain from guru (teacher), 3)
Drushtkarma- must have experience of

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 Abhijeet A. Gawai ; Professional and Legal Duties of Ayurvedic Physician

treating patient, 4) Shuchi- should maintain 2. Should not do or utter anything to lower
hygiene externally and internally as well.2 down the name of colleague.
Aacharya charak has mentioned about 3. Should not entice patient from colleague.
Fourfold attitude of physician those are: 1) 4. Free medical service to fellow colleague.
Maitri- Friendly relation with the patient, 2) A breach of any of those duties gives a right
A good and kind behavior towards patient or of action for negligence to the patient.
ill people, 3) A good nursing care should be NEGLIGENCE OF DOCTOR:
there while treating the patient, 4) Good It is careless conduct without reference to
counseling to the patient or relative, when any duty to take care.
patient is in untreatable condition.3 E.g. negligence is a quack treating a patient.
PROFESSIONAL DUTIES – Negligence means breach of legal duty to
According to Supreme Court of India, a take care.
person who holds himself out ready to give Consequential damage.
medical advice and treatment impliedly Under consumer protection act if the
undertakes that he is possessed of skill and plaintiff proves that the doctor is negligent
knowledge for the purpose.4 but fails to prove loss or damages then he
Such a person when consulted by patient will not entitled to claim compensation.
owes him certain duties viz, a duty of care in DUTY NOT TO EXPERIMENT-
deciding what treatment to give or a duty of It is a physician’s legal duty to follow the
care in administration of that treatment. accepted method of practice prescribed by
1. Treatment of patient is implied contract. his profession.
2. Duty to examine patient properly with If the physician wishes to avoid civil
prior verbal or written consent. liability, he must employ in the treatment of
3. Examination of female patient with patient, methods which are recognized and
consent of patient or relative in presence of approved by his profession as most likely to
female attendance of hospital or clinic. produce favorable results.5
4. Duty to earn confidence. DUTY TO REFER ANOTHER
5. Right to choose patient. PHYSICIAN –
6. Duty to give proper direction or guideline If a physician is consulted by patient with
to patient regarding treatment and disease regard to a disease which he has not the skill
both. and knowledge to treat, it is his legal duty to
7. Duty to notify communicable disease. so inform the patient and to suggest service
8. Duty to obtain the consent of the patient of another physician.
before attempting surgical treatment and in DUTY TO GIVE INSTRUCTIONS TO
the case of minor the parent’s consent THE PATIENT-
must first be obtained. It is legal duty of physician in dealing with a
2. DUTY TOWARDS COLLEAGUE: case to give the patient all necessary
1. Extend same honor, respect and good instruction applicable to the diagnosis, so
behavior expected from them. that patient may have better understanding
of ailments and thus patient has a right to

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 Abhijeet A. Gawai ; Professional and Legal Duties of Ayurvedic Physician

know the treatment and obtain second Act passed by parliament in Aug 2010 and
opinion about his treatment and if he wishes notified on 1st march, 2012.7,8,9
has a right to obtain alternative forms of INSURANCE AND AYURVEDA:
treatment. Doctor should honor the right of The insurance regulatory and development
patient. Authority (IRDA) has issued a notification
3. ACCEPTED PROFESSIONAL informing the inclusion of Indian system of
PRACTICE: medicine in the mediclaim insurance policy,
The doctor should always remain updated as per the notification, the insurance
with current day’s practices trend and coverage to AYUSH treatments has been
always upgrade himself through various facility through the regulation 5(1) of the
seminars, CME, medical conferences IRDA (Health insurance) Regulation, 2013.
because of he /she must give patient a proper 4. RIGHT TO PRACTICE MODERN
line of treatment as per practice adopted by MEDICINE
other competent medical practitioner at that Registered medical practice means,
time. 1) Holding a qualification granted by an
CONDUCT AND ETIQUETTE: authority specified or notified under section
Practioners of Indian medicine (Standards of 3 of the Indian medical degree Act, 1916 (7
professional conduct, etiquette and code of of 1916) or specified in the schedule to the
ethics) regulation, 1982.1,6 Indian medical council Act, 1956 (102 of
CODE OF ETHICS 1956).8
1) Advertising. DISCUSSION
2) Nomenclature of qualification- It shall be Physician’s explanations to the patient and
compulsory for a practioners of Indian patient’s understanding of that explanation
medicine to affix the correct degree or in medical setting have become increasingly
diploma before or after his name. important in recent years. It is better to
3) Rebate and commission. reserve the right of the patient as well as
4) Professional certificate, reports and other physician. It has been noted that physician’s
documents.1 explanation and the level of the patient’s
SELF PREPARATION OF MEDICINE understanding is related to patient’s
1) No manufacturing license required. satisfaction about treatment and treatment
2) Marketing. outcome.
3) Distribution. Thus, physician’s skill, knowledge plays an
4) Overseas supply. important role in improving patient’s
THE CLINICAL ESTABLISHMENTS satisfaction preventing medical disputes and
ACT increasing treatment effectiveness.
Registration and Regulation Act, 2010 Sometimes explanation is needed to obtain
The act is for the registration and regulation written consent cases of invasive care, to
of the clinical establishment in the country secure the patient’s right of self-
and for matters connected there with. determination and to medical treatment and
guidance. Physician should preserve degree

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 Abhijeet A. Gawai ; Professional and Legal Duties of Ayurvedic Physician

certificate and some necessary instruments 9) Regulated health profession Act 1991,
in their clinic while practicing to avoid any SO 1991.
legal action.
CONCLUSION CORRESPONDING AUTHOR
The above mentioned duties will be useful Dr. Abhijeet A. Gawai
for the physician to practice ethically and PG Scholar, Dept. of Agadtantra avum
legally. It will help to improve physician – Vidhivaidyaka, SSAM, Hadapsar, Pune.
patient communication in hospital setting. Email: abhi8188.ag@gmail.com
Physician’s need to remain aware of
evolving legal development and ethical Source of support: Nil,
discourse. Conflict of interest: None Declared
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GUIDE TO SAFEGUARD LEGAL Duties of Ayurvedic Physician
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2010 Jan 10.
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by Dr. Ravidatt Tripathi, Choukhamba
Sanskrit Pratishthan, Delhi 5.
3) Charaksamhita edited by Aacharya
Vidyadhar Shukla and Prof. Ravi Dutt
Tripathi 2009.
4) Practioners of Indian medicine regulation,
1982(ccimindia.org act regulation 1982).
5) Code of medical ethics. Journal of the
American Medical Association. 1886 Dec
25; VII (26):711.)
6) Medical registration under proposed Act.
BMJ. 1853 Jun 3;s3-1(22):493.
7) [cited 2016 Aug 9]. Available from:
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25/05/16.
8) Author STREAM. [Place unknown]:
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