Consumer Protection Act, 2019 and Healthcare Professionals. Do doctors come under the ambit of CPA?
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- Опубликовано: 14 июл 2024
- The Doctors have indeed been on edge since 20th July 2020, after the Consumer Protection Act, 2019 came into force. While the Consumer Protection Act, has indeed been a horror-instilling phenomenon in the litigation fearing medicos, the new amendments indeed have brought a new sense of panic with its various features including enhancement of penalty powers with the lower fora and lack of judicial and medical experts involved in place when dealing with the specialized medico-legal cases.
Even the old Consumer Protect Act,1886 passed by the Parliament did not envisage to include the medical profession. The medical profession was only brought under the purview of the Consumer Protection Act in 1994 following a Supreme Court verdict in the V.P.Shanta Vs Indian Medical Association case. Ever since doctors and hospitals came under the purview, there has been a tremendous rise in medical negligence cases. Over the years, the amount of compensation has also seen a steep upward trend, with forums asking doctors and hospitals to pay compensation commonly in the denominations of crores to the extent of 12 crore rs. The Consumer Protection Act, 2019 does not clearly express whether doctors come under the ambit or not? This video discusses this issue in detail
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Very clear and lucid... Important.
Thank you so much sir..u explained that very well
Sir, you are a gem, please continue disseminating your knowledge. Thank you
Thanks a lot sir…. Very well explained
Welcome
If a doctor is negligent , do hospitalor clinic also held negligent, as paitent goes with a TRUST in hospital/clinic
In Civil cases - An intelligent lawyer will include the hospital or trust or polyclinic accountable for hiring such doctors, this helps the patients to get the compensation (if doctors cant pay, hospital will be made to pay)
In criminal cases - hospital cant be made party
Vicarious liability applicable in civil cases only
Brilliant explanation!
Thank you very much for your encouraging feedback
sir, if any government hospital provides free medical service to any patient then will it come under the ambit of this law? or indian contract act?
Any free services do not come under the ambit of consumer protection act, but if a government hospital has special wards for which the consumer need to pay for those services will come under the ambit
Example- complete free services in primary health care centres are outside the ambit of the consumer protection act but governments medical colleges, where there are special ward or private wards for which patients pay shall come under the ambit
Prof. Thank you for the knowledgeable video, but there is one doubt
acc. to the video and judgement we can not file a suit against the services which we are getting free of cost by govt. hospital but what if the services was given to the patent negligently because of that negligent patent get more injury, can we file a suit against the hospital?
Any services given free of cost doesn’t come under the ambit of Consumer protection act. However, civil case can be made and should approach civil court.
when we are paying money to doctors for consultancy or any other services, how can we exclude the medical profession form services?
its logicless argument unless and until medical services are provided free of cost.
I comprehensively agree with you
@@SureshBadaMath thank you for understanding sir..
Healthcare business is a devil now a days
& I must mention about 1% money hasist Doctors in market like @Dr.G.K.Dhali of sskm hospital kolkata.. who is polluting the entire pond you can check his review anywhere on internet..
I'm sure legislature will never allow these fellows to loot our hard earned money..
even if they do so (in worst case) judicary is there to intervene & protect our rights using article 142 of constitution of India..
Thanks to the law makers of India🙏
Sir, still there is confusion? Or settled through some judicial interpretation ?
Its clear that Medical Profession comes under CPA 2019, Indian Medical Association vs V.P. Shantha & Or 1996
Very good. What is the latest legal position
For latest information please check this link www.google.co.in/amp/s/www.livelaw.in/amp/news-updates/bombay-hc-iservices-rendered-by-doctors-in-lieu-of-fees-fall-under-consumer-protection-act-2019-185071
if a doctor does surgeries without scan and says mujhe 20 saal ka practicl exp hai scan krvana jaruri nhi smjhhta main, this also counts under med negligence?
also,, agr koi patient scan ke bare mein puchhe aur doctor sahi scan na likhkar,, koi doosri scan prescribe kre?
please answer this
Sorry, I couldn’t understand your question
@@SureshBadaMath can a surgeon do any surgery without the required scan?. for example, can an ENT doctor do nose surgery without CT PNS? And after surgery when patient asks why he didnot refer scan,, doctor says i have been doing same surgeries for 20 years, so i dont consider scans... how can someonedo this? cause every nose sturucture is different
@@SureshBadaMath also if a doctor delibrately refers wrong scan?
@@manpreetkaur-xb5bp It is very to difficult to answer your question without knowing the context from both parties. I request you kindly look into the following scholarly article for what constitutes negligence -
www.ncbi.nlm.nih.gov/pmc/articles/PMC5109761/
and also
ijme.in/wp-content/uploads/2016/11/1279-5.pdf
@@SureshBadaMath i have read several artilces in the past months, there has been a breach of duty on doctor;s part. can we simply expose such doctors on social media? if a patient is asking for a scan he must prescribe it and no surgery should be done wthout clinical diagnosis. if scan is not considered then problems may arise after surgical procedure. and in this case, only patient will suffer mentally and physically
can any hospitals be sued if they are unable to provide oxygen to a covid patient?
Everyone in the country knows about the shortage of oxygen, so unlikely a hospital will be held responsible.
Imagine, if hospitals are sued for not providing oxygen guess all government hospitals in rural areas will be closed and the public at large will suffer more. All State Governments will be sued many times for not providing oxygen in wellness centers, primary care centers, community health centers , district hospitals and medical colleges.
All hospitals will close for no availability of oxygen and will refuse to provide care. We should think the implications of holding hospitals responsible for not providing oxygen
@@SureshBadaMath Thank you very much sir. I asked this because nowadays few people calling themselves great advocates have started telling people they can sue hospitals for not providing oxygen.
I wanted to know if that was possible. I know how bad it will be fir hospitals and doctors working at hospitals.
What are the defences they can use of the case is filed under deficiency for not providing oxygen?
Sir, many of the hospitals are taking informed consent before admission about the scarcity of oxygen. Big boards are displayed in front of the hospitals.
There are antisocial elements in every society, who want to create problems. Many of them are not sensitive and do not think about the situation they want to induce fear / panic in society.
Many doctors running private hospitals are planning to close because of these threats by advocates.
I believe in our constitution of India, solidarity, humanity, compassion and justice will prevail