| 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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