This presentation includes the topic CPA and medical profession

2.  INTRODUCTION
 CONSUMER DISPUTE REDRESSAL AGENCIES
 RIGHTS OF CONSUMER
 MANNER OF COMPLAINING
 LIMITATION PERIOD
 APPEALS
 PENALITIES
 CPA & MEDICAL PROFESSION
 DOCTOR-PATIENT CONTRACT
 DO’S & DON’TS OF A DOCTOR

3. It was found in 1986
by parliament to
provide better
protection of interests
of consumer in
background of
guidelines contained in
consumer protection
resolution passed by
U.N general assembly
on 9th April, 1985.

4. AIMS :
 Protection of consumer from
hazards to their health and safety
 Availability of effective
community redressal forum
 Cheap and speedy remedy

5.  The National commission in 1993, in a ruling
includes medical services under provision of CPA
 In 1995, supreme court of India( IMA Vs
V.P.Shantha ) includes medical services under ambit
of CPA

6.  The act covers all private, corporate and public
sector enterprises.
 District, State and National commission(quasi
judicial bodies) have been established.
 They look into complaints of consumers, where
defect or deficiency of services have come to notice
of consumers.

7.  Quasi judicial bodies observe principles of natural
justice
 They are empowered to give reliefs of specific
nature and award whenever appropriate
compensation to consumers
 They also prescribes penalty for non compliance of
orders

8. The act provides different fora at different levels.
DISTRICT FORUM
STATE COMMISSION
NATIONAL COMMISSION
SUPREME COURT
(final appellate authority)

9. 1. District consumer dispute redressal forum
2. State consumer dispute redressal commission
3. National consumer dispute redressal
commission

10. COMPOSITION:
It has 3 members.
1. 1 chairman- a sitting/ retired
sessions and district judge
2. Other 2 members are eminent
citizens and amongst them,
one should be female.
JURISDICTION :
• Original jurisdiction
• Complaints that does not
exceed 20 lakh rupees

11. COMPOSITION:
1. Presided by sitting/ retired high
court judge
2. Other 2 members are eminent
citizens and amongst them,
one should be female.
JURISDICTION:
• Original jurisdiction
• Appellate jurisdiction
• Revision jurisdiction
• Entertains that does not
exceed 1 crore but over 20
lakhs

12. It is located at New Delhi.
COMPOSITION:
it has 5 members
1. Supreme court judge
2. 4 eminents and amongst them,
one should be female.
JURISDICTION:
• Original jurisdiction
• Appellate jurisdiction
• Revision jurisdiction
• Complaints that exceed 1
crore

14. Complain may be filed by
a) Consumer
b) Recognised consumer
association
c) One/more consumers
d) Central/state
government
If the consumer dies , legal heir/
representative can file the
complaint.

15. PROCEDURE :
 Complaint should be heard as early as possible.
 District forum shall refer copy of such complaint to
opposite party with in 21 days.
 Opposite party should give his/her version within 30
days period.
 Representation of lawyers is not necessary.
 Dispute is settled based on evidence by complainant and
opposition party.

16.  District forum has same power as vested in civil court(first
class magistrate) under code of civil procedure, 1908.
 Every proceeding before district forum comes under S.193
and S.228 of IPC,1860.
 Ordinarily, no adjournment is granted unless sufficient
cause is shown.
 Reasons for adjournment are recorded.
 Orders for costs of adjournment are passed.

17. The district forum, state
commission and national
commission will not admit
a complaint, unless filed
within 2 years from the
date of occurrence of the
cause of action.
2 YEARS

18. • Any appeal against the order of the district
forum or state commission under this act must
be filed within 30 days of the order.
• Any person who is aggrieved by the order of the
national commission has a right to appeal to the
supreme court(appellate authority) within a
period of 30 days from date of the order.

19.  If district forum is satisfied by the complaint
and it is proved, it will issue an order to
opposite party to remove defect/ replace
goods/ provide adequate costs to parties.
 If required, it can pass interim order.
 If complaint is frivolous, complainant is
ordered to pay costs to opposite party not
exceeding Rs.10,000/-
 Award punitive damages when deemed
necessary.

20. So far medical service is concerned,
The interest of patient who suffers
damages in hand of his/her treating
physician.
DOCTOR service provider
PATIENT service consumer

21. Doctor – Patient Contract
 Contract is defined as an agreement
between two or more persons which
creates an obligation to do or not to do a
particular thing
 Contract may be implied or express.
 The doctor-patient contract is almost always
of the implied type, except where a written
informed consent is obtained
 While a doctor cannot be forced to treat any
person, he has certain possibilities for those
whom he accepts as patients. It is an implied
contract

22.  The Doctor patient relationship in our country has
undergone a sea change in the last decade and a half.
 The lucky doctors of the past were treated like God and
people revered and respected them.
 We witness today a fast pace of commercialization and
globalization on all spheres of life and
 The medical profession is no exception to these phenomena.
 As a result, the doctor-patients relationship has deteriorated
considerably.

23.  Earlier too, doctors were covered by various laws, i.e. the
Law of Torts, IPC etc.,
 But since the passing of the Consumer Protection Act in
1986, litigation against doctors is on the increase.
 The medical profession is definitely perturbed by this
 A rethink is necessary on standards of medical practice or
‘defensive medicine’.

24. Implied contract is not established when :
(i) the doctor renders first-aid in an emergency
(ii) he makes a pre-employment medical examination for a
prospective employer;
(iii) he performs an examination for life insurance purpose ;
(iv) he is appointed by the trial court to examine the accused for
any reason ; and
(v) when he makes an examination at the request of an attorney
for last suit purposes.

25. A doctor-patient contract requires
that the doctor must
(1) continue to treat such a person ;
(2) with reasonable care ;
(3) reasonable skill ;
(4) not undertake any procedure/ treatment
beyond his skill and
(5) must not divulge professional secrets.

26. DO’s :
1. Mention your qualifications on the
prescription. Qualifications mean recognized
degrees / diplomas as regulated by the Indian
Medical Degrees Act, 1916 as amended from
time to time.
2. Mention of scholarships/training /
membership/awards which are not
qualifications should be avoided.
3. Always mention date and timing of the
consultation.
4. Mention age, sex, weight (if child).

27. 5. In complicated cases record precisely
history of illness and substantial physical
findings about the patient on your
prescription.
6. If the patient/attendants are erring on
any count ( history not reliable, refusing
investigations, refusing admission )
make a note of it or seek written refusal
preferably in local language with proper
witness.
7. Mention the condition of patient in
specific /objective terms. Avoid vague /
non-specific terminology.
8. Record history of drug allergy.

28. DONT’s :
1. Do not hesitate to discuss the case
with your colleagues.
2. Do not hesitate to discuss the case with
patients /attendants.
3. Do not write Ayurvedic formulations.
4. Do not allow substitutions.

29. 5. For goodness sake do not examine a
patient if you are sick, exhausted,
under effect of alcohol.
6. Never talk loose of your colleagues,
despite intense professional rivalry.
Never criticize your brother in
profession.
7. The patient /attendants may incite you
to say/do something. They may seek
your comments on the other doctor’s
treatment. There is always a polite
way to set aside their queries.

30. The doctors are liable to pay compensation to
the patient; if their professional negligence
results in injury or death of the patient.

31. 1. Handbook of forensic medicine and toxicology
by apurba nandy
2. Essentials of forensic medicine and toxicology
by Dr.K.S.Narayan Reddy; 33rd edition
3. Review of forensic medicine and toxicology by
gautam biswas
4. Textbook of forensic medicine and toxicology
by V.V.Pillay;16th edition

32. Thank you for your patience & kind
attention...!