1 consumer protection act & the medical services national workshop on “ accessibility &...

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1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum, 10-12 September 2004 By Bejon Misra, Chairman Consumer Coordination Council (CCC) Delhi, India. www.consumeronline.org [email protected]

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Page 1: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Consumer Protection Act & The Medical Services

National Workshop on “ Accessibility & Affordability of Quality Health Services

in India”Trivandrum, 10-12 September 2004

ByBejon Misra, Chairman

Consumer Coordination Council (CCC)Delhi, India.

[email protected]

Page 2: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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About CCC

• Established as a Registered Society in 1993Established as a Registered Society in 1993

• Issue based National Coalition of 55 leading Issue based National Coalition of 55 leading consumer Organizations from all over Indiaconsumer Organizations from all over India

• Member of Consumers InternationalMember of Consumers International

• Recognized by Government of IndiaRecognized by Government of India

• Member in various advisory and technical Member in various advisory and technical committees at the National & International committees at the National & International level on Health & Food Safety related issueslevel on Health & Food Safety related issues

Page 3: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Objectives

1. To make the existing consumer protection laws user- friendly to increase accessibility to the poor & accountability to the patients

2. To build a relationship between the patients & the medical practitioners based on trust, transparency & respect for each other

3. To insulate health care services from industry influence & increase involvement of the consumer organisations to benchmark quality of service in the health care delivery system

Page 4: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Consumer Protection Act

• Enacted in the year 1986 & acclaimed as the most modern piece of legislation on consumer protection globally

• It gave legal rights to the consumers to claim compensation on deliberate act of negligence, substandard products & unfair trade practice which caused loss or damage to the consumer

Page 5: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Rights of the Consumer

1. The right to be protected against marketing of goods which are hazardous to life and property

2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices

3. The right to be assured, wherever possible, access to an authority of goods at competitive prices

Contd…

Page 6: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Rights of the Consumer

  4. The right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums

5. The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers and

6. Right to consumer education.

Page 7: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Consumer Protection Act & Medical Services

• The significant judgment by the State Commission of Orissa in Smt. Sukanti Behera vs Dr. Sashi Bhusan Rath (1993), upholding the rights of patient to challenge the quality of health care services, was a landmark decree in the history of consumer redress within India

•The judgment by the Supreme Court of India in the Indian Medical Association Vs V.P. Shantha (1995), settled the matter by explicitly including medical services under the protective sheath of the Consumer Protection Act 1986

Page 8: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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CONSUMER REDRESS AT THE SAMPLED CONSUMER FORUMS

Distribution of Medical Negligence Cases Filed in District Courts in Three States

1997 1998 1999

Courts Total Cases File

Medical cases

% of medical cases

Total Cases File

Medical cases

% of medical cases

Total Cases File

Medical cases

% of medical cases

District Forum Delhi

6472

No

record

No

record

1728

3

32

0.2

20620

47

0.2

District Forum Lucknow

2260

8

0.3

2004

12

0.6

2138

13

0.6

District Forum Hyderabad

1400

No

record

No

record

4026

42

1

2052

2

0.1

Distribution of Medical Negligence Cases Filed in District Courts in Three States

1997 1998 1999

Courts Total Cases File

Medical cases

% of medical cases

Total Cases File

Medical cases

% of medical cases

Total Cases File

Medical cases

% of medical cases

District Forum Delhi

6472

No

record

No

record

1728

3

32

0.2

20620

47

0.2

District Forum Lucknow

2260

8

0.3

2004

12

0.6

2138

13

0.6

District Forum Hyderabad

1400

No

record

No

record

4026

42

1

2052

2

0.1

Page 9: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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PROFILE OF CONSUMERS PROFILE OF CONSUMERS USING CONSUMERCOURTSUSING CONSUMERCOURTS

Percent Female 33 Sex Male 67 Less than 8th class 14 Education Graduate and above 58 SC/ ST 3 Caste Other caste 97 Service 38 Business 21 Professional 9

Occupation

Agriculture 4

Page 10: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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CASES OF MEDICAL NEGLIGENCE: NATURE OF CLAIMS

• Wrongful death – Patient dying on account of wrong treatment

• Physical loss of function – Patient losing physical function such as eye sight, ability to walk etc. on the account of wrong diagnosis

• Other kinds of damage – Suffering due to operative or other treatment procedures without loss of physical function or death

Page 11: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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CONSUMERS SATISFIED WITH CONSUMER

REDRESSAL MECHANISM

Pending Cases

Indifferent11%

Dissatisfied51%

Satisfied38%

Bejon misra:Bejon misra:Bejon misra:Bejon misra:

Bejon misra:Bejon misra:

Page 12: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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CONSUMERS SATISFIED WITH CONSUMER

REDRESSAL MECHANISM

Decided CasesIndifferent

3%Dissatisfied59%

Satisfied38%

Page 13: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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COST INCURRED BY CONSUMERS

Rs. 1000 - 500053%

< Rs. 1000 22%

Rs.5000+25%

Page 14: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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COMPENSATION AWARDED COMPENSATION AWARDED IN 42% CASESIN 42% CASES

> Rs. 1 Lakh12%

Rs. 50000 - 1 Lakh

12%

< Rs. 1000047%

Rs. 10000 - 5000029%

Page 15: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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PROVIDER’S VIEWS (PENDING)

• 97% of providers said that consumers had not approached them

• 54% claimed to have special facilities for handling consumer complaints

• 25% said CPA was one - sided biased in favour of consumers

• 24% blamed heavy filing in consumer courts as the main bottleneck

Page 16: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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PROVIDER’S EXPERIENCES (POST)

• Dismissed 35%

• Had to pay Compensation 40%

• Received Compensation for Malafide Complaints 25%.

Page 17: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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TIME TAKEN FOR THE FINAL JUDGEMENT

0

20

40

60

80

100

Total

<1 yr 1-5 yrs >5 yrs

Page 18: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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LAWYER’S RECOMMENDATIONS FOR IMPROVING THE EFFICIENCY OF

CONSUMER FORUMS

Page 19: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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VIEW POINT OF MEMBERS OF CONSUMER FORUMS

• 79% agreed that medical negligence cases were not disposed of within the stipulated period

• 84% were of the opinion that the present system had provided an opportunity to the poor to voice there problems.

Page 20: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Health Financing: How does India finance health compared to other countries?

• Moderate levels of overall spending on health (4.5% GDP)(middle 20% of countries)

• Low public expenditures on health (0.9% GDP; 3.9% of gov’t spending) (bottom 10% of countries)

• High proportion of private health expenditure (82% private) (highest 10% of countries)

Page 21: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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Who Pays for Health in India?

Private Insurance

0%

Private Investment

3%Public-States

14%

Public-Centre4%

Private Out-of-pocket79%

Page 22: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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State Level Per Capita Public Spending on Health

0 25 50 75 100 125 150

Bihar

MP

UP

Orissa

Andhra Pradesh

WB

Haryana

Gujarat

Karnataka

Maharashtra

Assam

Rajasthan

TN

Punjab

Kerala

Central Per capita State Per capita

Page 23: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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State Level Per Capita Private Spending on Health

0.0 100.0 200.0 300.0 400.0 500.0

RAJASTHAN

NORTH EAST

ORISSA

KARNATAKA

BIHAR

MADHYA PRADESH

GUJARAT

WEST BENGAL

TAMIL NADU

ALL INDIA

ANDHRA PRADESH

MAHARASHTRA

UTTAR PRADESH

HARYANA

PUNJAB

KERALA

Out of Pocket to Public Facilities Out of Pocket to Private Facilities

Page 24: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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How to make services affordable?

• Third party interventions:

Health financing is a means to mobilizing a volume of resources sufficient to meet the health goals of a country

• Provider interventions:

Transforming India into a regional healthcare hub.

Page 25: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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The Roles of Government – Beyond Service Provision

• Contract with the private sector for services

• Information collection and analysis

• Information dissemination / communication

• Coordination of health sector actors

• Regulation and accreditation

• Resource mobilization (“tax and spend”)

Page 26: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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RECOMMENDATIONSRECOMMENDATIONS

a. Mandatory Citizen’s Charter for all hospitals

b. Institutionalize complaint proceduresUser friendly complaint manuals Fixed time frame for redress

c. Improve infrastructure of Consumer Forums.Standard assessment of Consumer Forum every 2-3 yearsIncrease number of Consumer ForumsPanel of medical experts be made available

d. Amend Consumer Protection Act Bring free health care in the perview of CPA

Page 27: 1 Consumer Protection Act & The Medical Services National Workshop on “ Accessibility & Affordability of Quality Health Services in India” Trivandrum,

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CONCLUSIONCONCLUSION

a. Benchmark quality of service in health care sectorb. Build awareness and generate demand for quality

service thru well defined legislationc. Induce competition with good regulatory

mechanisms• Promote accountability and transparency in health

care services

THANK YOUI AM NOW OPEN TO QUESTIONS