This document summarizes the key points of the Consumer Protection Act (COPRA) as it relates to the medical profession in India. It discusses how COPRA was established to protect consumers and provide a mechanism for resolving disputes through consumer forums. It outlines the inclusion and exclusion criteria for medical services under COPRA as well as the structure of the consumer forums that handle complaints. The document also discusses arguments for and against the application of COPRA to the medical field and provides guidance on what doctors should and should not do if subject to a complaint.

1. COPRA(CONSUMER PROTECTION ACT)
PRESENTED UNDER THE
SUPERVISION OF
DR.PRAMOD SIR.
BY-ABHSIHEK SINGH BDS
FINAL YEAR (DR.ZADC AMU)

2. The relationship between doctor and patient is based on trust and confidence. Lucky
doctors of the past were treated like God and people revered and respected them.
Today, we witness a fast pace of commercialization and globalization
on all spheres of life and the medical profession is no exception to these Phenomena.
The medical profession has come under pressure due to globalization and
liberalization
; therefore,now is the time to think well and to set our
priorities right, both individually and
collectively

3. COPRA
WHY WE NEED TO STUDY?
As doctors are included in the COPRA,
we have to know the Act. It was on13th
November 1995 that the honorable
supreme court of India delivered
judgment
on application of consumer protection
act,
1986 to the medical/dental profession,
hospitals,dispensaries, nursing homes
and

4. A cross-sectional study was
conducted at Bapuji Hospital and
Research center, Davangere. A
questionnaire was prepared and one
hundred Doctors (Academic
professionals) who wilfully
consented to
participate were asked to fill their
response among the choice given.
No
prior intimation was given about this
questionnaire and they had to fill
their
response on the spot.
The questions were based on ethics,
awareness of provisions of CPA as
Applied to medical profession, aims
and
Objectives of CPA, conditions a
consumer comes under CPA, time
period for the patient to sue the
concerned doctor, in case of
frivolous
complaint, time of appeal against
orders
Of the district forum.

5. RESULTS-

6. SEVENTY TWO PERCENT OF THE
PRACTICING DOCTORS KNEW THE DEFINITION OF
MEDICAL ETHICS, BUT ONLY 46% KNEW WHAT
ETHICAL BEHAVIOR IS.

7. 98% of the doctors had
heard about COPRA and knew
that they were included in
COPRA, only 46% of the
doctors
could identify the limitation
period for suing a doctor
correctly. An overwhelming
32% of the doctors believed
that
limitation period for filing a
complaint was 14 days.

8. 86% believed that
knowledge about
medical ethics is
acquired by
workshops/CME

9. 78% of the practitioners, by
elevating the professional
standards of practice, the risk
of
being sued was reduced and
18%
said that by appointing a
Public
relation officer it can be solved

10. 94% believed that
yes there is need to
discuss the medico-
legal issues in
workshop/CME

11. COPRA
(CONSUMER
PROTECTION
ACT)
-passed by the Parliament in 1986.
It was passed with a view to:
-Protection of the consumers.
-To educate the public.
-Settlement of consumer disputes.
-Provide quicker and cheaper
remedy.

12. INCLUSION CRITERIA
-Services rendered by a medical practitioner or hospital by way of
consultation, diagnosis and treatment on payment by all or some and
free of charge to others falls within the Act.
-Services rendered to persons, whose charges are borne by an insurance
company or employer as part of the conditions falls within the Act.

13. EXCLUSION CRITERIA
-Services rendered where no charge whatsoever is made from any
person (rich or poor) availing services are given free service is outside
the purview of Act.

14. REDRESSAL AGENCY

15. THE CONSUMER FORUM
It consists of:
1-District forum: It consists of 3 persons.
It shall consist of a person who is or has been or is qualified to be a
District Judge as its President,2 other members, one of whom shall
be a woman
• Every member of the District Forum shall hold office for a term of 5
years or up to the age of 65 years which ever is earlier
• It shall have jurisdiction to entertain complaints where the value of
the goods or services and the compensation, if any, claimed does
not exceed Rs.20 Lacs.

16. THE CONSUMER FORUM
2-State commission:
•It shall have jurisdiction to entertain complaints where the value of
the
goods or services and compensation, if any, claimed exceeds Rs. 20
Lacs but does not exceed Rs.1 Crore and appeals against the orders
of
any District Forum within the State.

17. THE CONSUMER FORUM
3-National commission:
It shall consist of a person who is or has been a Judge of the
Supreme Court, as its President. Not less than 4 and not more than
such number of members as may be prescribed and one of whom
shall be a woman
• Every member of the National commission shall hold office for a term
of 5 years or up to the age of 70 years which ever is earlier.
• It shall have jurisdiction to entertain complaints where the value of
the goods or services and compensation, if any, the claim exceeds
Rs. 1 Crore and appeals against the orders of any State Commission.

18. ARGUMENTS FOR COPRA
-Doctors are not above law.
-Doctors are accountable for their actions.
-Medical councils cannot give compensation.
-Speedy Justice does not mean a summary trial. The procedures
followed in civil courts are applicable to consumer forums.
-Malpractice suits are decided by civil courts.
-The composition of the forum is such that the decisions will be made
on the basis of law, reasonableness, fairness and good faith.

19. ARGUMENTS AGAINST COPRA
-Medical services cannot be compared to household appliances.
-Medical services are personal in nature and not the type offered by
manufacturers of consumer products.
-The state medical councils are the authorities to hear complaints of
such nature.

20. ARGUMENTS AGAINST COPRA
-Doctors would be harassed, corruption will seep in.
-Patient will be the loser, as doctors will not attend to patients with even
slightly complicated ailments.
-Doctors will practice defensive medicine.
-Forum consists only of non-professional people, who cannot appreciate
the complex issues in medical care.

22. THINGS TO DO IF YOU ARE
USED:
-At the earliest time after receiving the letter (or) summons, report it to
your insurance carrier by telephone.
-Make a copy of the papers and send the originals to your carrier, use
certified mail, signed receipt request. Include a copy of any envelope
that contained the papers.
-Write a summary of the treatment of the patient using the treatment
record to refresh your memory. Include all you recall, even if it is not
on the record. Sign and date the summary.

23. THINGS TO DO IF YOU ARE
USED:
-Make a copy of the records, including radiographs, reports, and the
summary, lock the originals in a safe place.
-Tell your staff about the suit and instruct them not to talk to anyone
asking questions about the case without obtaining your permission.
-Co-operate with your insurance carrier and the attorney assigned by it
to your case.

24. DON’T DO THE FOLLOWING:
-Tell the patient or her or his representative that you are insured.
-Agree to or offer a settlement
-Agree to or offer to pay for a specialists services without first
consulting with your carrier or the attorney assigned to your case
-Alter your records in any way
-Lose or misplace any of your records

25. DON’T DO THE FOLLOWING:
-Admit fault or guilt to anyone.
-Contact any other practitioners about the case even if the practitioner
has written a report.
-Agree to or treat the patient—plaintiff during the course of the action.