Services

DOCTOR'S LIABILITY UNDER CONSUMER PROTECTION ACT

Unlike in the past, consumers are now protected by several laws. These laws confer a number of rights on consumers and impose certain duties on the sellers and those who provide professional services. Violation of these rights and duties may entail criminal and civil consequences. The Consumer Protection Act was enacted in 1986 as a part of an international agreement seeking to provide for better protection to the interests of consumers and to provide speedy and simple redressal to consumer's disputes. Consumer law is generally a combination of criminal and civil laws. Sometimes both laws overlap. If a pharmacist sells misbranded medicines it is a criminal offence. If it harms a patient, he can demand compensation from the pharmacists. So there could be several remedies for the violation of consumer's rights.

RIGHTS OF CONSUMERS AS PATIENTS :

The object and reasons behind the Consumer Protection Act are based on inherent rights. These inherent rights are :

  1. The right to be protected against marketing of goods and services which are hazardous to life and property.
  2. The right to be informed about the quality, quantity, potency, purity, standards and price of goods and services to protect against unfair trade practices.
  3. The right to be heard and to be assured that the consumer's interest will due consideration at appropriate forums.
  4. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation.
  5. The right to consumer education.

In a doctor-patient relationship, the patient is entitled to services from the doctor in such a degree of professional skill and expertise as would be expected from such a medical man of similar qualifications and standard.

In case the service is availed from a specialist, then the degree of skill required to be exercised is more. The patient is entitled to such medical attention in case of emergencies that would prevent loss of life or limb. The doctor must exercise the methods based on scientific principles. The nature of the disease and implications thereof should be explained to the patient and / or his attendants. Patient must not be neglected. Any procedure requiring a prior consent of the patient or his guardian must be properly taken before carrying on the procedure.

Actuated with the above purpose, a speedy, inexpensive and simple quasijudicial machinery of redressal agencies to adjudicate consumer disputes have been set up at the district, state and national level. These bodies are required to decide disputes keeping in mind the basic principles of natural justice and have power to grant certain reliefs as provided in the Act. In appropriate case the compensation or damages are also awarded. There are penalties for noncompliance of the order so passed.

WHO CAN FILE A COMPLAINT :

Consumer i.e. (patient or purchaser of goods or services)

Registered consumers organization.

The Central Government or any State Government.

One or more consumer high legal heir or representative.

BASE OF THE COMPLAINT :

  • Deficiency in treatment (service)
  • Misrepresentation of about the quality, type and standard of treatment.
  • False claim that the treatment is recognized by some institution or government.

TIME LIMIT :

A very important aspect of initiation and maintain ability of legal procedure is the law of limitation. The basis of proposition is that when a person has suffered any wrong, he must not waste time. The maxium period within which action must be initiated i.e. suit petition or complaint must be filed is the limitation of such proceedings. The Limitation Act, 1963 prescribes the statutory period within which legal proceedings may be initiated for adjudications of various suits, petition complaint appeals, review, revision and such other legal action. The Consumer Protection (Amendment) Act, 1993 has introduced a new section 24 A prescribing the limitation period. It specifically provides that the District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years, from the date on which the cause of action has arisen. However the delay may be condoned if complainant satisfies the Forum or Commission that he had sufficient cause for not filing the complaint within such period, and after recording their reasons for condoning such delay, they may entertain the complaint.

What is the Procedure :

  • Complaint can be filed on plain paper by post or in person by the patient.
  • There is no Court Fee.
  • It must contain the details of the deficiency in service with necessary proof in 4 copies.
  • the doctor will get one copy within 21 days from the date of admission of complaint by the Forum or Commission as the case may be and will be given a period of 30 days to give reply in writing.
  • If the doctor is insured, he must give information in writing with a xerox copy of the complaint by registered acknowledgement to the Insurance Company. Then the Insurance Company will take care through its lawyer.
  • It the doctor is not insured then he must take legal advice before giving reply.
  • For the reply submitted by the doctor the complainant will have a chance to file a rejoinder copy of which is given to the doctor.
  • The answer to the rejoinder is submitted by the doctor, after which hearing starts on a specific date.
  • Once the complaint comes on the board, usually it should be disposed off within 90 days. But as more and more complaints are lodged, sometimes it may take longer time.
  • After hearing both the parties, the Forum or the Commission passes an appropriate order based on the facts and circumstances of the case in the best interest of justice.

FRIVOLOUS AND VEXATIOUS COMPLAINTS :

As a law abiding citizen and as a healthy consumer, one should never abuse the provisions of the Consumer Protection Act and use it as a tool to blackmail one's opponent or cultivate mercenary gains. Section 26 of the Consumer Protection Act clearly stipulates that the complaints found to be frivolous or vexatious shall be dismissed. It means that the Forum or Commission would definitely apply its mind to contemplate the bonafides of allegations, to test the truth and veracity of evidence and to ensure that relief claimed is not offered as such.

It is not just the dismissal of a frivolous or vexatious complaints but an order is also passed that the complainant shall pay to the opposite party such cost not exceeding ten thousand rupees, as may be specified in the order.