An MBBS degree qualifies doctors to perform both medicine and surgery. While MBBS doctors receive training in minor surgical procedures, they should refer major surgeries to specialists. However, in emergencies if no specialist is available, an MBBS doctor may perform life-saving first aid and procedures based on their experience. The Medical Council and courts have found no prohibition on MBBS doctors performing surgeries as part of their qualifications, as long as they observe proper protocols and refer complex cases.

1. CAN A MBBS DOCTOR DO SURGERY
THE FOLLOWING IS THE EXCERPT OF PRESS NOTE RELEASED BY
A.P.MEDICAL COUNCIL.-(courtesy:DR.N.KISHORE- VICE-CHAIRMAN-AP MEDI
COUNCIL)
This press meet is convened to clarify the stand of AP Medical Council on the controversial issue
of can a MBBS Doctor do Surgeries.
(1) MBBS Degree itself says Bachelor of Surgery & Bachelor of Medicine.
(2) In the MBBS Course a student will have 6 months Surgical Ward posting and later
Specialty Surgical Postings. In Houseman ship he is posted in Surgical Ward for 2
months & 1 month is Surgical Specialties.
(3)As per the curriculum, they are trained in minor Surgical Procedures, Obstetrics
procedures.
(4)The National Consumer Forum found fault with the Doctor because he falsly claimed that
he is M.S. Surgeon in reality he was not a M.S. and did Major Surgical procedure causing
damage to the patient.
(5)There is no controversy that a MBBS doctor should not do Major Surgical Procedures as
pointed out by National Consumer Forum.
WHAT CAN AN MBBS DOCTOR DO
(1)He can do all the Minor Surgical Procedures for which he is trained in MBBS Course and
Houseman Ship.
(2) He can do Deliveries and its related to procedures as trained.
(3) He can do National Programmes like Tubectomies & Vasectomies.
(4)In emergencies if a qualified surgeon is not available in the near vicinity as a life savings
measures he can do first aid and a Surgical Procedure based on his experience.
(5)He should not do Elective Major Surgical procedures and the care should taken to refer to
a nearby Hospital where a Surgeon / Gynecologist available.

2. ENTITLENESS OF MBBS DOCTOR TO CONDUCT SURGERIES VISA-
VIS RULE POSITION AS LAID DOWN IN IMC ACT 1956 AND IMC
REGULATIONS 2002 AS AMENDED IN 2004 & 2009.
(1) There is no provision in IMC Act, 1956 which prohibits MBBS doctors to do surgeries.
Surgery is a main subject during the 4 ½ years course of MBBS.During clinical postings,
they treat surgical patients under the supervision of the Experts. During the 12 months
period of compulsory rotating internship, the internees are posted at least for 2 months in
Surgical Departments and they have to treat surgical patients during this period.
(2) The entitleness of registered Medical Practitioners is specified in Section -27 of IMC
Act, 1956 as follows.,
“Subject to the conditions and registrations laid down in this Act, every
person whose name is for the time being borne on the Indian Medical
Register shall be entitled according to his qualifications to practice as a
medical practitioner in any part of India”.
(3) The Hon’ble Supreme Court’s Judgement in Poonam Verma Vs. Ashwini Patel case, has
taken into consideration of the decision of Privy Council in the year 1937, reported as
1937 1 MLJ 197.
In this case, the Hon’ble Supreme Court made an attempt to discuss the
application of the doctrine “SIC UTERE LEO UT ALIENUM NON
LAEDAS” in the practice of medicine. This means “so use your own that you
harm another’s” (AIR 1996 SC 2111).
This refers to the practice of medicine by unqualified persons.
(4) In all cases where allegations were made against doctors for their negligence, the Hon’ble
High Courts or National Commission or Supreme Court expressed the view that a doctor
is not negligent when he has observed standard protocols during the course of his
practice.
(5) In all cases, the Constitutional Courts or the State Commissions or National Commission
have taken into consideration of the provisions of IMC Act 1956, IMC Regulations, 2002
together with Consumer Protection Act, 1986 having due regard to the facts and
circumstances of the case.
(6) The Principle laid down by Hon’ble Supreme Court in Baldeo Raj Vs Urmila Kumari
(AIR 1979 SC 879) is “The practitioner may not have specialized in the branch of
medical treatment of women’s disease, but her knowledge of midwifery as an obstetrician
prove to be of the high order in the case itself”. In this case Hon’ble Supreme Court
reversed the finding of Hon’ble Punjab and Haryana High Court, which had held that “as
the practitioner is question has not a special study on the subject and as such she cannot
be considered as an expert and her evidence is not admissible”.