Fmt useful slide for seminar

1. CONSUMER PROTECTION ACT
WORKMAN COMPENSATION ACT
MEDICAL INDEMNITY INSURANCE
PRESENTED BY-
Dr. Anand kumar Singh(INTERN)
BATCH 17-18(IX)
HIND INSTITUTE OF MEDICAL SCIENCES,SAFEDABAD

2. CONSUMER PROTECTION ACT
• The CPA, 1986 is a benevolent social legislation that lays down the rights of the consumers and
also provides means for their promotion and protection.
• In 1993, the Supreme Court brought the medical profession under the Section 2(1) (o) of CPA.
• Features:
• right to safety
• right to information
• (3) right to choice
• (4) right to be heard
• (5) right to redressal of their grievances
• (6) right to consumer education. In relation to medical services

3. Where is a complaint filed?
District Forum- consists of 3 members, (two members nominated by the
State Government from among well-known public citizens), presided by a
serving or retired District Judge. It entertains claims up to twenty lakhs.
State Commission consists of 3 members, presided by a serving or retired
High Court Judge, and entertains claims between 20 lakhs to one crore.
National Commission consists of 5 members presided by a retired
Supreme Court Judge, and entertains claims of over rupees one crore.

4. Adjudication of liability
• Complainant files a written complaint
• The forum/commission,admits the complaint
• sends a written notice to the opposite party asking for a written version to be submitted within
30 days.
• proper serutiny either iling of an afidavit or production of evidence in the form of interrogatories,
expert evidence, medical literature, and judicial decisions.
• The Forum/ Commision is satisfied that any of the allegations contained in the complaint about
the services are proved
• Issue an order to the opposite party directing him
• Fee waiver
• compensation to the consumer
• remove deficiency in service

5. Conditions of CPA
• Limitation Period
• File the complaint within 2 years from the date on which the cause of action has
arisen.
• Dismissal of frivolous or vexatious complaints
• the case found to be frivolous or vexatious, the complaint is dismissed and an
order is made that the complainant pays a cost , not exceeding 10,000 rupees, to
the opposite part.
• Penalties
• Where the defendant or the complainant fails to comply, then it may be
punishable with imprisonment for a term which is not be less than one month but
which may extend to three years, or with fine which is not be less than Rs 2,000 but
which may extend to Rs 10,000 or with both

6. Precautions Against Negligence
General guidelines to avoid a charge of negligence, and action under the Consumer
Protection Act:
1. No violation of Professional Ethics
2. The diagnosis where possible should be confirmed by laboratory tests including biopsy. Every precaution should be taken to
establish early diagnosis in cases of suspected cancer.
3. X-rays should be routinely advised in case of injury to bones or joints or where diagnosis is doubtful.
4. Consultation with a specialist should be suggested in obscure cases.
5. Immunisation/prophylactic antibiotic cover should be considered a necessity where there is danger of infection.
6. Sensitivity tests should be done before injecting preparations likely to cause anaphylactic shock.
7. The drugs to be administered by injection or otherwise should be verified.
8. No procedure should be undertaken beyond one’s skill.
9. No experimental methods should be adopted without prior consent.
10. The instruments to be used for any procedure should be properly sterilised, safe and in proper working condition.

7. THE WORKMEN'S COMPENSATION ACT, 1923
This Act provides for the payment of compensation to workmen for injuries sustained by them by
accident, arising out of and in the course of employment.
 If a workman is killed, his dependants will be entitled to compensation for his death.
Under the Act, if a workman contracts any disease specified therein as an occupational disease
peculiar to that employment (anthrax, primary cancer of the skin, pathological manifestations due to
X-rays, radium, etc., pneumoconiosis, poisoning by lead, phosphorus, mercury, arsenic), etc., it is
deemed to be an injury by accident for purpose of compensation.
 The amount of compensation depends upon whether the injury has. caused death, permanent
total disablement, or permanent partial disablement.

8. Medical practitioners who deal with such workmen should have a clear understanding
of provisions relating to this Act:
1. certify relating to fitness or unfitness for work.
2. give an opinion and evidence upon which depends the decision as to whether an
injury that a workman is suffering from, is the result of accident while at work.
3. certify the extent of disability of workmen arising from accidents industrial diseases.

9. Limitation
Workman, to the Commissioner, may file the claim for accident compensation in the
prescribed form, within 2 years from the occurrence of the accident or from the date of
death. The claim must be preceded by
(i) a notice of accident, and
(ii) the claimant-employee must present himself for medical examination if so required
by the employer.

10. Amendments And Changes
• The Act is now known as 'Employee's Compensation Act
• Throughout the Act where 'workman' or 'workmen' occur, the words
'employee' and 'employees' shall be substituted
• Clerical employees are included in the definition of 'employee’
• Compensation for death raised from 80,000 to 120000
• Compensation for permanent total disablement raised from
90,000 to 140000

11. MEDICAL INDEMNITY INSURANCE:
• It is a contract under which the insurance company agrees, in exchange for the
payment of premiums, to indemnify (reimburse to compensate) the insured doctor
as a result of his claimed professional negligence.
• Medical indemnity insurance in India is available through Oriental Insurance,
National Insurance and others

12. Objective:
( 1) To look after and protect the professional interests of the insured doctor.
(2) To arrange, conduct and pay ·for the defence of such doctors.
(3) To arrange all other professional assistance including pre-litigation advice.
(4) To indemnify the insured doctor in respect of any claim on ground of professional
negligence or misconduct.

13. REFERENCES
The Essentials of Forensic Medicine
and Toxicology Paperback December
2017 by KS Narayan Reddy (Author)
Parikh's Textbook of Medical
Jurisprudence, Forensic Medicine and
Taxicology Eight Edition, Kindle
Editionby B.V. Subrahmanyam
Google Images

14. Thank you