medical negligence under consumer protection act

It is important to note that a total of 44,47,487 out of 48,85,877 cases have been disposed of since the inception of the Consumer Protection Forums all over the nation, seeming a disposal percentage of 91.03%. This is a clear sign of maladministration in providing basic healthy conditions. Section 2(42) of the Act states services that are covered under the Act. There are several defenses which are available to a medical professional accused of medical malpractice which has been enumerated below-. In this article, Shreya Sahoo discusses Medical negligence and the liability under the Consumer Protection Act. It is necessary for the medical profession to undertake some serious introspection. It was only after the judgment of Supreme Court in Indian Medical Association vs. VP Shantha, that medical profession has been replaced under the purview of Consumer Protection Act,1986 vide Section 2(1)(o), 1986 of the … Then why are air and water borne diseases not regulated yet. The Apex court in this landmark judgment found that services performed by doctors and hospitals which fall in the 2nd and 3rd category will be covered within the purview and definition of a “service” as defined in Section 2(1)(o) of COPRA. In the judgment rendered in the Indian Medical Association vs. VP Shantha, the court chose to consider a conventional approach for cases pertinent to ‘free medical care’. Under this Act, the patients have been treated as consumers of medical services. According to the criterion laid down in Jacob Mathew case, the police officials were warned not to arrest or harass doctors, otherwise, they will have to face legal action. Typhoid is rampant every summer. Services which are availed usually by payment, nonetheless, are made available free of cost to the persons who cannot afford to pay for them. case, the police officials were warned not to arrest or harass doctors, otherwise, they will have to face legal action. In India, the COPRA, 1986 envisages 3-tier grievance redressal mechanisms: There is a distinct time limit provided for the disposal of cases under the Act. The complaint should have all the details of the aggrieved party and the party against whom the complaint is being filed. numerous incidents include a contribution from more than 1 person, and it is more likely to hold accountable the last discernible element in the chain of causation and essentially accuse this person of holding the ‘smoking gun’. Consumer disputes redressal agencies which are commonly called as Consumer Forums or Consumer Courts have been formulated under the act at national, state and district level. Failure of operation and side effects cannot always be said to be due to medical negligence. Medical Services Within the Purview of Consumer Protection Act. The complainant can register the complaint, in person or through his/her authorized agent or by post to be sent to the Redressal Agency. The Apex court in this landmark judgment found that services rendered by doctors and hospitals which fall in the second and third category will be covered within the ambit and definition of a “service” as defined in Section 2(1)(o) of COPRA. Orders while rejecting the complaint that the complainant shall compensate the opposite party such costs, not surpassing ten thousand rupees, as may be specified in the order. No .Why? In order to bring the ‘service’ within the ambit of the definition of services provided in Section 2(1)(o) of COPRA following basis needs to be adhered to: Consequently, medical services under the contract of personal services or rendered free of cost will not be within the purview of the definition of the services itself provided under Section 2(1)(o) of COPRA. And causes many deaths and illnesses each year filing a Consumer complaint in a hospital contract that excludes a contract. 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