A heated debate has been going on relating
to the pros and cons of the application of the Consumer
Protection Act, 1986 to the Medical Profession. The
Medical Professionals are against the inclusion of
patients under the category of consumers. They feel that
for them their patients are something more than mere
clients or source of profit making. To them the mention
of ‘patient’ as ‘consumer’ is
nauseating and inclusion of medical services within the
ambit of Consumer Protection Act is equivalent to
degrading the nobleness of their profession. They feel
that in a poor country like ours, this will increase the
hardships to the common patient and harassment to
doctors.
While agreeing broadly with these aspects, I think
doctors should not forget that medical accountability has
been existing since the birth of this sacred profession.
This accountability has taken the latest shape in the
form of Consumer Protection Act.Fears of doctors stem
from what is perceived by them as the ‘unknown’
. If this ‘unknown’ becomes ‘known’
the same would appear much less fearsome, in whatever
form it exists. This is exactly what I have attempted to
achieve through this book.
I have tried to evoke awareness about the Consumer
Protection Act as relevant to the Medical Profession.
Ethical Codes which are so often lost sight of in our
busy day-to-day lives, have been provided. What was the
necessity of the Consumer Protection Act and its
application to the Medical Profession ? Are there any
alternatives ? What are the fears of the Doctors ? These
are some of the issues which I have tried to address.
Suggestions have been offered regarding precautions one
should exercise to avoid problems.Information about
Professional Indemnity Insurance Cover which has of late
become available also finds place in the book. Synopsis
of decided cases on Medical Negligence in India and
abroad have been given for the benefit of readers. This
will provide an insight into what should be done in order
to get protection against legal action.
Human element in medical care sometimes determines the
patient’s / attendant’s reaction to an untoward
event. Sources of discontent, such as, tactless handling
or unnecessary unpleasant remarks, trivial
indignation’s are the cause of a large number of
legal actions brought against the doctors and the
hospitals. I strongly recommend that appropriate
behavioural aspects of patient-care should be regularly
stressed upon all health-care personnel including all
levels of hospital employees.
I wish to express my thanks to many colleagues who, in
various ways, have helped and advised me. I am
particularly grateful to Shri Bhagwan Atlani who read the
first version of this manuscript and offered valuable
suggestions. I am also thankful to Dr. ( Mrs.) Usha
Sharma, Dr. S.P. Sudhrania, Dr. S.S. Agarwal, Dr . D.L.
Sharma, Dr . Bhupendra Singh, IPS, Shir Virendra Dangi,
Advocate , Shri Devendra Mohan Mathur, Advocate, Shri
Rakesh Kumar, Advocate, and Shri B.L. Manawat who
assisted me by reading parts of the manuscript, and
offering constructive advice in the preparation of the
book.
I am deeply obliged to Sarvshri V.S. Wadhwa and Sushil
Wadhwa and the team of Bharat Law Publications for their
helpful and patient collaboration and for brining out the
book with a high quality printing and get-up.
Above all I wish to thank my wife Dippi and children
Jaslok and Harinder for bearing with me during the
preparation of this book.
My thanks are due to Shri Damodar Thanvi, Member,
Rajasthan State Consumer Disputes Redressal Commission,
Jaipur for the encouragement and for giving an opinion
about the book.
My thanks are especially due to the Hon’ble Justice
Shri K.C.Agarwal, Chief Justice, Rajasthan High Court for
sparing his valuable time for writing a Foreword to the
book.
I hope a reasonably careful reading of this book will
give some comfort to the perturbed doctors and they would
find the information valuable. I would welcome any
suggestions and criticism which will enable me to improve
the contents of the book.
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