Dr. S.N.KrishnamoorthyMD DA DNB BGL PGDMLE

EMERGING TRENDSIn India, we have a Supreme Court, a

National Consumer Commission, 26 State Consumer Commissions and 22 High Courts with over 16 circuit and other benches, doling out hundreds of judgments every day. Each of these judgments has the potential to become a new law or change an existing one

EMERGING TRENDSThe Consumer Protection Act 1985 was

introduced in deference to a UN mandate with the aim of strengthening consumer movement.

It seeks to ensure that people get their money’s worth when they buy goods or services

EMERGING TRENDSMedical services were brought within the

purview of the Consumer Protection Act in the year 1995

IMA v. V.P.Shantha

EMERGING TRENDSSec 2 (1) (o)Service of any description which is made

available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, supply of electrical or other energy………..

EMERGING TRENDSWHAT DOES THE LAW WANT FROM

DOCTORS?Reasonable degree of CareOrdinary skill

EMERGING TRENDSDr.Laxman Balakrishnan Joshi

v.Dr.Trimbak Babu Godbole

EMERGING TRENDSWHO SETS THE PROFESSIONAL

STANDARD?

IT IS NOT THE JUDGE!!!

EMERGING TRENDSCONSENT OF THE PATIENT

1. Blanket consent2. Informed Consent3. Real Consent

INFORMED CONSENT - INGREDIENTS1. Nature of the disease & treatment options2. Likelihood of its success and failure3. Alternatives available4. Perils of each5. Effect of no treatment6. Complications of surgery– recent, remote7. Life after surgery

REAL CONSENTSamira Kohli v. Dr. Prabha Manchanda“minimum of adequate level of information

about the nature of the procedure being performed”

Substantial and material complicationsPatient has the capacity to understandSubmits voluntarily to surgeryTruthful answers to questions from patient

EMERGING TRENDSSubstantial complication – 10% incidence or

more – frequently occurring Material Complication – serious complication

which would make the patient reconsider his decision to have the surgery- may be substantial or remote

EMERGING TRENDSM.Chinnaiyan v. Sri Gokulam HospitalConsent must be procedure and patient

specific“Consent for surgery does not mean and

include consent for blood transfusion, anaesthesia and / or other interventions. Each must be specifically explained and consent obtained.

EMERGING TRENDSSmt. Saroj Chandoke v. Sir Genga Ram

Hospital, DelhiIf any alternative procedure is anticipated in

a planned procedure, specific consent in advance must be obtained.

Consent form must carry an authorisation clause to cover deviations.

EMERGING TRENDSMartin d’souza v. Mohd. IshfaqueSupreme Court has issued directions to all

Consumer Courts [district, state, National] to issue notice to doctors in medical negligence cases only after getting medical opinion which points out prima facie negligence.

EMERGING TRENDSCRIMINAL NEGLIGENCE:Negligence of a gross degree, utter disregard

to patient’s safety and health, wanton neglect of warning signs

Punishable without proof of damage

EMERGING TRENDSDr.Suresh Gupta v. NCT, DelhiDr.Jacob Mathew v. State of PunjabSupreme Court directives:

1. Arrest not as a matter of routine2. Case referred to a committee of doctors, preferably in Government service

EMERGING TRENDSSec 304-A Indian Penal Code:Whoever causes the death of any person by

doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

EMERGING TRENDSOffence described in sec.304-A is BAILABLE

EMERGING TRENDSThe recently proclaimed Supreme Court

decisions have the salutary effect of reducing the rigour of consumer law on doctors.

It is in our best interests to take advantage of these decisions and bring about respectability and dignity to the profession.