Physiotherapists cannot use ‘Dr’ prefix, says court

Physiotherapists cannot use ‘Dr’ prefix, says court

Vasantha.Kumar@timesgroup.com

Bengaluru: 08.06.2020

Occupational therapists and physiotherapists cannot use the prefix ‘Dr’ along with their names, and they have to follow instructions of a physician, a city court has said.

Making this observation, the 24th Additional Chief Metropolitan Magistrate Balagopalakrishna acquitted two doctors of a private nursing home in an 18-year-old medical negligence case registered under section 338 of IPC. The court noted that a medical practitioner in a private hospital is not a competent witness in the case and the evidence provided by the complainants — Deepa Prashanth, her husband HG Prashanth and daughter Pragathi — is not valid.

The complaint against Dr A Prakash, proprietor of Brindavan Nursing Home, and gynaecologist and obstetrician Dr Rajalakshmi V Rao, was filed in 2002. Physiotherapist Arathi Prasad had deposed as Dr Arathi Prasad, medical practitioner in a private hospital, as the witness.

The complaint stated that Deepa, who was admitted to the nursing home on August 5, 2001, underwent a forcepsassisted delivery. But the left hand of the baby looked twisted at the wrist, elbow and shoulder bones.

Stating that Dr Rajalakshmi could have conducted Csection, Prashanth alleged that her negligence led to dystocia and Erb’s palsy and the baby has become disabled.

Complainants are at fault here: Judge

Additional chief metropolitan magistrate Balagopalakrishna, observed that physiotherapist Arathi Prasad is not a competent witness in the case and her opinion has no value.

He noted that when the complainants alleged negligence against a doctor, they should have got opinion from another expert who has qualifications of MBBS and MD in gynaecology and obstetrics. The judge also relied upon a Patna court ruling, brought to his notice by BR Deepak, counsel for the accused.