Dr. S.N.KrishnamoorthyMD DA DNB BGL PGDMLE
EMERGING TRENDSIn India, we have a Supreme Court, a
National Consumer Commission, 26 State Consumer Commissions and 22 High Courts with over 16 circuit and other benches, doling out hundreds of judgments every day. Each of these judgments has the potential to become a new law or change an existing one
EMERGING TRENDSThe Consumer Protection Act 1985 was
introduced in deference to a UN mandate with the aim of strengthening consumer movement.
It seeks to ensure that people get their money’s worth when they buy goods or services
EMERGING TRENDSMedical services were brought within the
purview of the Consumer Protection Act in the year 1995
IMA v. V.P.Shantha
EMERGING TRENDSSec 2 (1) (o)Service of any description which is made
available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, supply of electrical or other energy………..
EMERGING TRENDSWHAT DOES THE LAW WANT FROM
DOCTORS?Reasonable degree of CareOrdinary skill
EMERGING TRENDSDr.Laxman Balakrishnan Joshi
v.Dr.Trimbak Babu Godbole
EMERGING TRENDSWHO SETS THE PROFESSIONAL
STANDARD?
IT IS NOT THE JUDGE!!!
EMERGING TRENDSCONSENT OF THE PATIENT
1. Blanket consent2. Informed Consent3. Real Consent
INFORMED CONSENT - INGREDIENTS1. Nature of the disease & treatment options2. Likelihood of its success and failure3. Alternatives available4. Perils of each5. Effect of no treatment6. Complications of surgery– recent, remote7. Life after surgery
REAL CONSENTSamira Kohli v. Dr. Prabha Manchanda“minimum of adequate level of information
about the nature of the procedure being performed”
Substantial and material complicationsPatient has the capacity to understandSubmits voluntarily to surgeryTruthful answers to questions from patient
EMERGING TRENDSSubstantial complication – 10% incidence or
more – frequently occurring Material Complication – serious complication
which would make the patient reconsider his decision to have the surgery- may be substantial or remote
EMERGING TRENDSM.Chinnaiyan v. Sri Gokulam HospitalConsent must be procedure and patient
specific“Consent for surgery does not mean and
include consent for blood transfusion, anaesthesia and / or other interventions. Each must be specifically explained and consent obtained.
EMERGING TRENDSSmt. Saroj Chandoke v. Sir Genga Ram
Hospital, DelhiIf any alternative procedure is anticipated in
a planned procedure, specific consent in advance must be obtained.
Consent form must carry an authorisation clause to cover deviations.
EMERGING TRENDSMartin d’souza v. Mohd. IshfaqueSupreme Court has issued directions to all
Consumer Courts [district, state, National] to issue notice to doctors in medical negligence cases only after getting medical opinion which points out prima facie negligence.
EMERGING TRENDSCRIMINAL NEGLIGENCE:Negligence of a gross degree, utter disregard
to patient’s safety and health, wanton neglect of warning signs
Punishable without proof of damage
EMERGING TRENDSDr.Suresh Gupta v. NCT, DelhiDr.Jacob Mathew v. State of PunjabSupreme Court directives:
1. Arrest not as a matter of routine2. Case referred to a committee of doctors, preferably in Government service
EMERGING TRENDSSec 304-A Indian Penal Code:Whoever causes the death of any person by
doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
EMERGING TRENDSOffence described in sec.304-A is BAILABLE
EMERGING TRENDSThe recently proclaimed Supreme Court
decisions have the salutary effect of reducing the rigour of consumer law on doctors.
It is in our best interests to take advantage of these decisions and bring about respectability and dignity to the profession.