Consumer Protection Act (CPA) & Medical Negligence

By Abdulla Israr & Simran Rani

Consumer Protection Act (CPA) & Medical Negligence 

Introduction

·       The Consumer Protection Act (CPA) was first enacted in 1986 and later replaced by the Consumer Protection Act, 2019, to safeguard the rights of consumers in India.

·       With healthcare services recognized under this Act, patients are regarded as consumers when they avail of paid medical services.

·       Hospitals, doctors, and healthcare providers are thus accountable for the quality, safety, and standard of care provided.

·       The Act aims to provide quick and inexpensive redressal of grievances through consumer forums, protecting patients against medical negligence, unfair practices, or deficiency in service.

Salient Features of the Consumer Protection Act

  1. Consumer Rights Protection: Ensures six fundamental consumer rights (safety, information, choice, redressal, education, and representation).
  2. Applicability to Health Care: Medical services fall under the definition of "service," making doctors/hospitals liable for negligence or deficiency.
  3. Three-tier Redressal Mechanism:
    • District Consumer Disputes Redressal Commission (DCDRC)
    • State Consumer Disputes Redressal Commission (SCDRC)
    • National Consumer Disputes Redressal Commission (NCDRC)
  4. Compensation: Provides compensation for financial, physical, and mental suffering.
  5. Simple and Speedy Process: Accessible to patients without lengthy litigation.
  6. Extended Jurisdiction: Covers not only individuals but also consumer associations and government authorities.

Aims and Objectives of the Act

  • Protect consumers (patients) against deficiency in services.
  • Ensure accountability of hospitals and doctors.
  • Provide simple, speedy, and inexpensive redressal for grievances.
  • Promote ethical medical practice and deter negligence.
  • Enhance trust between patients and healthcare providers.

Application of the Act in Hospital Settings

  1. Patients as Consumers: Any patient paying for consultation, surgery, treatment, or diagnostic services is a consumer.
    • Free services in government hospitals are not covered.
    • Mixed services (some patients paying, some not) – Act applies to paying patients.
  2. Hospitals as Service Providers: Liable for negligence, wrong treatment, poor infrastructure, misdiagnosis, delay, or non-availability of essential services.
  3. Medical Professionals: Liable for professional negligence or deficiency in service.
  4. Examples of Deficiency:
    • Wrong blood transfusion
    • Wrong site surgery
    • Inadequate sterilization of equipment
    • Delay in treatment leading to complications
    • Non-consensual procedures

Structure of Consumer Forums and their Jurisdictions

  1. District Consumer Disputes Redressal Commission (DCDRC)
    • Jurisdiction: Cases up to ₹1 crore
    • Headed by: President + 2 members
  2. State Consumer Disputes Redressal Commission (SCDRC)
    • Jurisdiction: Appeals against District Forum + cases between ₹1 crore – ₹10 crore
    • Headed by: Retired High Court Judge as President
  3. National Consumer Disputes Redressal Commission (NCDRC)
    • Jurisdiction: Appeals against State Commission + cases above ₹10 crore
    • Headed by: Retired Supreme Court Judge as President

Legal Avenues for Aggrieved Patients to Sue Health Professionals

  1. Consumer Forums under CPA: File complaint regarding deficiency in service.
  2. Civil Courts: For compensation due to negligence.
  3. Criminal Courts: Under IPC (criminal negligence).
  4. Medical Council of India (now NMC): For professional misconduct, leading to suspension or cancellation of license.
  5. Human Rights Commissions: In cases involving violation of right to life or dignity.

Rights and Privileges of Registered Medical Practitioners under IMC Act, 1956

  1. Right to Practice: Only registered practitioners can practice modern medicine.
  2. Right to Professional Autonomy: Can make independent clinical decisions within ethical framework.
  3. Right to Fees: Entitled to charge for services, provided transparency and consent are maintained.
  4. Right to Refuse Treatment: Except in emergencies, a doctor can refuse treatment.
  5. Protection from Unjust Prosecution: Good faith acts are legally protected.
  6. Professional Privileges: Prescription authority, certification (e.g., medical fitness, cause of death).

Relevant Provisions under the Indian Penal Code (IPC)

  1. Section 304A: Causing death by negligence (criminal liability).
  2. Section 336: Act endangering life or personal safety of others.
  3. Section 337: Causing hurt by act endangering safety.
  4. Section 338: Causing grievous hurt by act endangering safety.
  5. Section 80 & 88: Exceptions – if an act is done in good faith with consent, not criminally liable.

Medical Negligence

Definition

Failure of a medical professional to provide standard care, leading to harm to the patient.

Types

  1. Civil Negligence – Liability to pay compensation.
  2. Criminal Negligence – Negligence causing death or grievous injury.
  3. Professional Misconduct – Ethical violation, disciplinary action by Medical Council.

Essential Elements

  • Duty of care existed.
  • Breach of duty.
  • Damage caused due to breach.

Do’s

Don’ts

  • Do not guarantee cure.
  • Do not practice beyond area of competence.
  • Avoid negligence in diagnosis or follow-up.
  • Do not conceal risks from patients.
  • Do not falsify records or certificates.
  • Avoid rude behavior or lack of empathy.

Preventive Measures for Doctors and Hospitals

  1. Documentation: Accurate and complete medical records.
  2. Consent: Proper informed and written consent before treatment.
  3. Communication: Build trust through honest and empathetic communication.
  4. Standard Operating Procedures (SOPs): Follow guidelines and protocols strictly.
  5. Regular Training: Update knowledge and skills.
  6. Professional Indemnity Insurance: To safeguard against legal claims.
  7. Ethical Practice: Prioritize patient welfare over commercial gain.
  8. Internal Grievance Redressal: Hospital-based patient complaint mechanisms to prevent escalation.

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