Do patients have consumer rights for medical services?
PART-1
The medical profession is considered to be a very noble profession and requires a high degree of skills and knowledge. The people who are required to approach them; i.e; the patients in this case; are entitled to believe that a person claiming to be a medical practitioner possesses the requisite knowledge, and expertise and will exercise a reasonable degree of care and caution. Hence the expectations of the patients are naturally quite high from the qualified medical professionals since they are dealing with human life.
In India, the medical profession is governed by the rules and ethics laid down by the Medical Council of India and the professionals are expected to follow certain standards of diligence and care during their medical practice.
Due to the high density of population and demand in India and the ever increasing complexity of therapeutic and diagnostic methods, there has been increasing pressure on hospital facilities, resulting in falling standards of professional
competence and care. These are some of the factors responsible for the medical negligence. In a very high percentage of the cases observed, the doctor patient relationship has also deteriorated considerably and now there is a growing awareness in the public mind to bring the negligence of such professional doctors and medical centres to light.
This gives rise to a new question as to the nature of the relationship between the doctor and the patient. Are the patients who subscribe to treatment from a Doctor/Hospital/recognized medical institution coverd under Consumer rights? The CONSUMER PROTECTION ACT passed by the parliament in 1986 has created an in-depth awareness in the medical practitioner about the consequences of malpractice and medical negligence. It is to be noted here that there has always been a contradiction as to whether the member of the medical profession is to come under the ambit of the CONSUMER PROTECTION ACT or not.
However, in 1995, the Supreme Court in Indian Medical Association vs. V P Shantha (1995)6 SCC 651, has affixed its seal of
approval on the applicability of the Consumer Protection Act to members of the medical profession and has held that the services rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service) by way of consultation, diagnosis and treatment both medical and surgical would fall within the ambit of CONSUMER PROTECTION ACT, 1986. This judgment has brought the medical profession within the ambit of SERVICE
as defined in the Consumer Protection Act, 1986. This decision clarified that the relationship between patients and medical professionals is contractual.
As a result of this decision the medical services provided to patients (except those provided free or under a personal contract) must meet standards of service, failing which the service provider (e.g. hospital or doctor) can be penalized under the
Act for deficiency of service. The litigants/ affected patients can refer their claims of medical negligence to the district, state or national forums.
When hospitals and professionals charge handsome fees/amounts for their services, they are expected to take proper care of the patients and provide sound professional advice. A bona fide mistake by a medical practitioner/centre may be excusable under certain circumstances, but a mistake which occurs from carelessness and negligence calls for action. In certain cases of bonafide
mistake, a court can accept that ordinary human fallibility precludes the liability. In the cases of negligence, the conduct of the medical practitioner and the fact whether reasonable skill and care was applied, is important to test whether the medical practitioner or hospital is guilty of negligence. The law appreciates that fact that the human body and its functions are extremely
complex and even the most experienced doctors may wrongly diagnose or fail to detect the true nature of a disease or condition.
Therefore the Consumer Protection Act considers this while fixing the liability of a medical practitioner and he can be held liable for wrong -diagnosis if it was a result of absence of reasonable skill, knowledge and care expected of him as per the required professional standards.
Let us get to know in the next article in this series to be released next week; as to what constitutes medical negligence.
Customerawaaz thanks Advocate L G Sujatha for highlighting these important points from the perspective of the patient as a consumer for their members and readers. We also invite your comments on ratings on this article to help us se rve you better.
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