I have read the manuscript of the commentary
on " Medical Profession and Consumer Protection
Act" prepared by Dr. Jagdish Singh. I
have found it lucid. The author has referred English and
Indian cases at appropriate places which made the points
involved clear.
Disputes of the nature which are covered by the Consumer
Protection Act, 1986 used to be filed in civil courts for
recovery of damages. The Parliament enacted the Consumer
Protection Act in 1986 for facilitating the decision of
those disputes under this Act. The machinery provided now
by the said Act is simple.
The book has exhaustively dealt with Doctors-patient
relationship in the light of the moral, ethical, medical
and legal considerations. It also gives details of
Professional Indemnity Insurance cover for
doctors/medical establishments.All the aspects of the
Consumer Protection Act have been explained by the author
and the extent of the doctor’s liability has also
been dealt with. The law does not usually imply a
warranty that a doctor will achieve the desired result,
but only a term that he will use reasonable care and
skill. The surgeon does not warrant that he will cure the
patient. Nor does the advocate warrant that he will win
the case. Every person who enters into a learned
profession undertakes to bring to the exercise of it a
reasonable degree of care and skill.
This book is likely to prove useful to all concerned. I
wish its success.
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