Can you file a case against a physiotherapist affixing Dr along with his name?

Answer 1

Depends on whether or not he has a doctorate. A person with a PhD in nursing, for example, can call himself "Doctor" even though not an MD. It would also depend on whether or not there was a fraud, violation of licensing laws, etc.

Medical council of India (MCI)'s stand and the court judgments in this regard?

MCI in its Letter No. 211 (2) (158)/2002/Ethical dated 26/7/04 clearly says all the paramedicals including physiotherapists should not affix "Dr" with their name and if they violate this they can be punished accordingly. In a defamation suite against a medical doctor by a physiotherapist in the District court of Delhi (Civil appeal No. RCA 27/05), it is clearly mentioned that physiotherapists are technicians who follow prescription of doctors and no medication can be prescribed by the physiotherapist, the physiotherapist who put this case against a doctor also admitted that physiotherapy is not a medical qualification. There was also a case in Patna high court in which physiotherapists claimed themselves as doctors (CWJC/8444/96), the court dismissed the case.

As per the verdicts passed by Honourable Courts in India, the act of the Physiotherapist by affixing "Dr." or "Doctor" with his name amounts to cheating, hence criminal proceedings can be initiated against him.

Answer 2

Medical council of India (MCI)'s stand and the court judgments in this regard?

MCI in its Letter No. 211 (2) (158)/2002/Ethical dated 26/7/04 clearly says all the paramedicals including physiotherapists should not affix "Dr" with their name and if they violate this they can be punished accordingly. In a defamation suite against a medical doctor by a physiotherapist in the District court of Delhi (Civil appeal No. RCA 27/05), it is clearly mentioned that physiotherapists are technicians who follow prescription of doctors and no medication can be prescribed by the physiotherapist, the physiotherapist who put this case against a doctor also admitted that physiotherapy is not a medical qualification. There was also a case in Patna high court in which physiotherapists claimed themselves as doctors (CWJC/8444/96), the court dismissed the case.

As per the verdicts passed by Honourable Courts in India, the act of the Physiotherapist by affixing "Dr." or "Doctor" with his name amounts to cheating, hence criminal proceedings can be initiated against him.