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Foreword
Messages
Preface
The Background
Selected Provisions of The Consumer Protection Act, 1986 Explained
- Definitions: Complainant, Complaint, Consumer,
Deficiency, Person, Service, Charge.
- Consumer
Disputes Redressal Agencies District
Forum, Jurisdiction of District Forum,
Manner in which complaint shall be made,
Procedure on receipt of complaint,
Findings of the District Forum,
Appeal
- State
Commission: Jurisdiction of the State Commission,
Procedure to be followed by the State
Commission, Procedure for hearing appeals,
Appeals against orders of the State
Commission.
- National Commission: Jurisdiction of the National
Commission,
Procedure to be followed by the National
Commission,
Appeals against orders of the National
Commission
- Limitation
Period Dismissal of Frivolous or
Vexatious complaints,
Penalties Consumer Protection Councils,
Objectives of the Council
- The Future
- Charak’s
Oath
Doctor-Patient Relationship
- Prerequisites of Medical Practice Duties &
Obligations of Doctors
- Duties to patients
- Duties to the Public
- Duties towards Law Enforcers
- Duties not to violate Professional Ethics
- Duties not to do anything illegal or hide illegal
acts.
- Duties to each other.
- Duties of the Patient /Attendant
- Doctor-Patient Contract
- Professional Negligence (Malpractice,
Malpractice)
Issues Before the Medical Profession
- Necessity of
application of C.P. Act
- Who is
consumer ?
- Master-Servant
relationship vis-a-vis Doctor-Patient
relationship
- How much
control a doctor has over his patient
- Do the
provisions of CP Act apply to doctors
despite existence of Indian Medical
Council Act?
- Fears
regarding application of C.P. Act to
doctors : it may have demoralising
effect, increased cost to patient, etc.
- Plea for
appointing medical experts as members of
Consumer Forums.
- Liability of
doctors and hospitals
- Burden of
proving negligence on whom.
- Fear that
Doctors may refuse serious /complicated
cases
- Failure to
provide emergency care whether negligence
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- Whether
doctor responsible in case of failure of
a medicine.
- Fear leading
to insistence on unnecessary diagnostic
procedures and specialist consultations
- No liability
of a private doctor giving free
treatment.
- Government
doctor if operating in a private nursing
home is liable.
- Government
doctor charging a consultation fee
whether liable.
- Extent of
liability of doctor delegating task to
assistant/junior.
- Medical
profession whether on equal footing with
Engineering & Architecture
- Responsibility
in case of negligence at various levels
of treatment on whom to be fixed
- Plea to haul
up pharmaceutical companies for
sub-standard/spurious drugs.
- Please to
curb quacks
- Plea to
improve Doctor-Nursing staff ratio to
doctors-plea to include medical experts
in Consumer Forums and impose heavier
penalty in case of vexatious and
frivolous complaints.
Preventive Steps Against Litigation
- Some DO’s
- Some DONT’s
- Consent and its importance
- Who can give consent
- When a consent is not valid.
- Implied Consent (Tacit consent)
- Express Consent
- Informed Consent
- Proxy Consent ( Substitute Consent)
- When Consent may not be obtained
- Situations requiring extra caution
- Medical Mishap - things to do
- Model Form of Consent (English)
Protection Against Outcome of Litigation
- Professional Indemnity Insurance
- General Rules & Regulations
- Doctors and Medical Professionals (Guidelines)
- Insurance Rating for Doctors & Medical
Practitioners
- Insurance Rating for Medical Establishments
- Exclusions
- Premium is a deductible expense under I.T.. Act
Abstracts from Selected Indian &
Foreign Cases Affecting Doctors
- Indian Cases
- Foreign Cases
The Consumer Protection Act, 1986
As Amended By The Consumer Protection
(Amend.)Act, 1993 -Full Text
Appendix I - Medical Council of
India Code of Medical Ethics
Appendix II - Hippocration of Geneva
Appendix III - Declaration of Geneva
Appendix IV - Declaration of Helsinki
Appendix V - International Code of Medical Ethics
Appendix VI - Guidelines for Sterilization
(Issued by the Govt. of India)
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