Legal Question in Medical Malpractice in India

Can an MBBS doctor administer spinal anesthesia?

QUESTION�Can an MBBS doctor perform the act of administering spinal anesthesia for surgery?

ANSWER�

1--There is nothing in law that prevents an MBBS doctor from giving spinal anesthesia. However, he should do so in circumstances that justify it. If he adopts anesthesia as his main occupation and holds himself out as an anesthetist, this would be in violation of the Code of Ethics Regulations, 2002.

2�The circumstances that justify may include, for example, the following:

a�When it is an emergency and the act needs to be performed to save the life of the patient.

b�When it is done by an employee as part of duties assigned to him by the hospital / employer.

c�When the doctor performs the act as an assistant or under supervision.

d�When the doctor has knowledge and experience necessary for performing the act independently and no qualified anesthetist is available or when the patient does not want to engage the services of a qualified anesthetist and has given an informed consent.

----M C Gupta

MD (Medicine), LL.M.

Fellow: National Foundation of Clinical Forensic Medicine

Ex-Professor and Dean

Practicing advocate

[email protected]

3 January 2011