consumer protection act in medicine.pdf
TRANSCRIPT
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7/30/2019 Consumer Protection Act in Medicine.pdf
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Dr. Supreet Singh Nayyar, AFMC 2012
Consumer Protection Act in Medicine
(for more topics & presentations in ENT, visitwww.nayyarENT.com)
Introduction
Charakss oath (1000 B.C) and Hippocratic oath (460 B.C.) historicallyillustrates the duties and responsibilities of doctors
Doctors were initially held in high esteem
With increasing globalization & awareness increased litigations
Doctors are liable under the prevailing laws such aso Civil Penal Codeo Indian Penal Codeo Law of Contractorso Sale of Goods Act
o Law of Tortso IMC (Indian Medical Council Act)
The above mentioned laws have some drawbacks such as:-
1.Delay in Justice2.Huge legal fee3.Limited access to the courts4.Difficulties involved in proving both negligence and cause5.Deficiency in IMC Act; Such as:
a. Lack of Provision to receive complaints from patientsb.To award any compensation when negligence proven
Alternative is CPA 1986.
Aims at simplification of procedures for seeking redressal of grievances ofpatients or their relatives
Process can be initiated without any cost or without any court fee
Who is liable:
1.Doctors with independent practice rendering only free services2.Private hospitals charging all3.All hospital having free as well as paying patients4.Doctors/hospitals paid by an Insurance firm for treatment of a client or an
employer for the treatment of an employee.
Who is not liable:
1.Doctors in hospitals which do not charge of their patients
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Dr. Supreet Singh Nayyar, AFMC 2012
2.Hospitals offering free services to all patients
Strength. Weaknesses, Opportunities & Threats (SWOT) analysis of thesituation (CPA vs medical profession )
Strengths Weaknesses
Noble profession Giant strides in the medical
profession
Strong consumer movementin the country
The Hippocratic Oath Vigilant press
Highly technical orientation of theMedical field
Declining credibility of medicalProfession.
Growing commercialization of medical
profession
Highly prevalent professional jealousy
Lack of objectivity and empirical natureof several regimens
Inept medical record keeping
Lack of sufficient staff in the consumerforums
Huge back log in clearing medical casesin consumer forums.
Opportunities Threats
Growing patient consciousness
Successful application of the CPA toother services/goods.
Introducing medical audit. Possibility of strengthening
of MCI Agreeing to the applicationof CPA
Realization of need forregular CME programmes.
Proven instances of medicalnegligence.
Low level of awareness amongpatient.
Illiteracy and low socio-economic Status of patients.
Exaggerated claims encouragedby mercenary type lawyers.
Tendency of insurancecompanies to opt for out of court
settlements. Strong opposition extended by
the IMA.
Growing urge to practicedefensive medicine
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7/30/2019 Consumer Protection Act in Medicine.pdf
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Dr. Supreet Singh Nayyar, AFMC 2012
Preventions in view of CPA
A) Primary Prevention:
Good communication and informed consent Defensive Medicine
B) Secondary prevention:
Some cases of negligence or deficiency of services will come up to theCourt or Forum even after adequate precautions are taken.
The State Medical Council should be better empowered and have aseparate complaints cell
Accreditation of Hospital
Quality Assurance programme in every hospital.
Regular patient satisfaction surveysProper Medical Records
C) Tertiary prevention:
The following innovative methods are being practiced in the Westernworld to counter the adverse outcome of the CPA, in India also thesepractices may be emulated.
Medical indemnity insurance
Counter Suits
In order to prevent harassment from overzealouspatients, in some of the advanced countries the medicalprofessionals have started the concept of counter suits
In this the doctors initiate counter suits against patientsfor being sued without valued grounds
(for more topics & presentations in ENT, visitwww.nayyarENT.com)
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