1. A specialist is defined as one who learns more about less and less(1). A Pediatrician or "Child Specialist" means a doctor who has specialized in managing a child. As per the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulation, April 2002 where Clause 7.20 says that, A Physician shall not claim to be specialist unless he has a special qualification in that branch.

Supreme court in its various judgment has made it clear that medical practitioners should practice within the scope of ones qualifications and skills, which means that if you are practicing beyond the scope of your qualifications and skills then you are a quack as is made amply clear in "Poonam Varma vs Dr. Ashwin Patel" judgment. An MBBS graduate who has studied Pediatrics and pediatric drugs is qualified as such for general practice but has insufficient skill and qualification as a specialist.

In another case, the Mumbai Suburban District Consumer Forum (K.M. Balagopalan & Mrs. Clara Balagopalan vs Dr. Amit M. Trivedi of Ashirvad Nursing Home & ICCU no. 351 of 2001 decided on 30/7/05) has observed that, merely attending seminars did not amount to possessing educational qualification. Doctor’s claim to be a specialist amounts to a worst type of medical negligence, which in fact is a clear-cut case of malpractice(2).

2. You can not attend calls for delivery or LSCS as a specialist Pediatrician. But you can do it under the supervision/help of a DCH/MD/DNB.

3. Regarding your third query, the legal opinion can be given by anybody. But what we interpret from your question is probably can you give an authentic/expert legal opinion in Pediatrics cases. You are not in a position to give legal opinions as an expert in Pediatric cases.

4. We feel that there is no problem in admitting a child patient because even a MBBS graduate can manage/admit child. Timely referral after explaining the reasons for getting expert opinion may prevent many cases of negligence in day-to-day practice. This view was taken in Goswami vs Dr. Deepak II(2001) CPJ 374, in which patient became unconscious after appendicectomy. There was cerebral stroke, cardiologist was called and patient was shifted to other hospital. It was alleged that the doctor was only MBBS. The court held that in this case doctor was competent and there is no evidence of wrong treatment.

5. Your query regarding senior residency in Pediatrics will depend on many factors; like availability of other graduates/PGs, vacancies and needs of the institute. Many times MCI considers/condones this, depending upon the situation. This is more an issue of judgment by an institution/Medical council rather than a legal issue.

Satish Tiwari,
Mahesh Baldwa,
IAP Medico-Legal Group,
Yashodanagar no. 2,
Amravati 444 606, Maharashtra, India.
E-mail: [email protected]
[email protected]