An advise to be taken seriously by all concerned -- PNDT Act!
From: 'Dr.M.C. Gupta' firstname.lastname@example.org [medico-legal-queries]
Sent: Friday, August 7, 2015 9:14 PM
Subject: [medico-legal-queries] 1420--I am a surgeon. Should I buy an ultrasound machine for emergency ultrasound examination for my patients?
1420--I am a surgeon. Should I buy an ultrasound machine for emergency ultrasound examination for my patients?
1420--QUESTION-- I am a consultant surgeon in practice. My patients often need emergency ultrasound examination. There is only one radiologist nearby, who is not available on weekends and at night. I am planning to buy ultrasound machine for emergency situations and for patients who cannot be shifted outside for USG exam. I want to know the norms in PCPNDT act for surgeon to do ultrasound. Any course required for same?
1--Norms as per the PCPNDT Act / Rules / Regulations are that you must have undergone a 6 months course in the subject of ultrasonography recognised by the MCI.
2—Please note that such certification and registration will not entitle you to legally perform non-obstetric-Gyn ultrasounds as per MCI and as per court judgments.
3—It is obvious there is not much demand for US in your area. Had there been, the lone radiologist would have been joined by others or he would be available at most times, charging double the fee in emergency.
4—I strongly advise you against buying an ultrasound machine and getting registered under the PNDT Act. You will invite lots of headache and trouble. I have advised some of my doctor clients [and, they have followed my advice] to surrender their PNDT registration and to sell off the machine.
5—Your motives, in the interest of patients, are laudable. But it is not your responsibility to solve the problems created by others. Please note that:
i)—You must properly document in your notes that ultrasound was necessary and was advised but the patient could not get it done because the facility was not available / because the patient could not be taken out in view of the emergency / delicate condition. Unless you record all this, preferably under the signature of the patient / attendants, a case of negligence may be filed against you.
ii)—Such cases coming up before the courts, along with such remarks, will one day prompt the courts to comment about the desirability on the part of the government to relax the stringent conditions under the PNDT Act.
iii)—The problem [the PNDT Act] is the creation of the society / legislature / government. It is not a creation of the medical profession. Why should you / the medical profession feel guilty? Why should you over-reach?
--(Ex)Prof. M C Gupta
MD (Medicine), LL.M.
Member: Supreme Court Bar Association
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