Consumer protection act and the medical profession introduction charakss oath b. Selected provisions of the consumer protection act 1986 explained as relevant to the medical profession the consumer protection act, 1986 which came into force on 15th april,1987 is. Ever since professions have been included under the purview of consumer protection laws. This specific provision relating to interpretation entrenches the common law contra proferentem rule, which. The enactment of social welfare legislation like the consumer protection act, 1986 and the right to information act, 2005 has further enhanced aspirations for improved service delivery and good governance.
Vp shantha, that medical profession has been replaced under the purview of consumer protection act,1986 vide section 21o, 1986 of the act. Medical negligence and consumer protection law by prashant r. As pointed out by the supreme court in the case of poonam verma v. Check the sections youd like to appear in the report, then use the create report button at the bottom of the page to generate your report. Mar 02, 2020 the mdc assists the board in its deliberation of issues important to consumer protection and the veterinary medical profession in california by advising and recommending to the board rules and regulations necessary to ensure proper administration and enforcement of the veterinary medicine practice act. Health professions act 15 or the medical schemes act 16, the act offering the greater protection to the consumer will apply. The expression service as defined by section 2o of the act excludes professional services rendered by members of the medical profession. Thus, it becomes imperative for health professionals today to be aware of such laws. Professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury. The act aims to provide for better protection of interest of the consumers and for the establishment of the quasijudicial. We shall deal selectively with provisions of the act which are relevant to the medical profession, as they exist as on today.
Free medical care and consumer protection indian journal. The law of contract, the consumer protection act and medical malpractice law posted on april 15, 2014 by bregmans the purpose of this article is to explore if the consumer protection act 68 of 2008 cpa will influence how the courts will look at exclusionary clauses in all contracts, and in respect of hospitals and doctors in particular. Apr 15, 2010 after the consumer protection act, 1986, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical service, and have claimed and received compensation. Rights of a consumer where can a consumer complain definitions laws in medical profession consumer protection act 1986 cpa who is liable and who is not. Recently, the act has been amended by the consumer protection amendment act, 1993, w. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Consumer protection act 68 of 2008 south african government.
At the domestic front, the consumer movement started with enactment of the consumer protection act, 1986. Concerns and recommendations 2011 44 2 comparative and international law journal of southern africa 168. Please note that most acts are published in english and another south african official language. The function of the doctor was a noble and service. A comparative analysis of various indian legal systems. Medical services within the purview of consumer protection act it was only after the judgment of supreme court in i ndian medical association vs. Consumer protection act in medical profession slideshare.
With the inclusion of health care services under consumer protection act, a spurt in litigations arising out of breach in medical dental profession is seen. Shantha 1995 6 scc 651 doctors who administer the morphia or pethidine injection are often blamed and cases of medical negligence are filed against them. An act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers disputes and for matters connected therewith or incidental thereto. Consumer protection act and medical profession definitions. Cosumer protection medical profession negligence consumer. This will bring south africa in line with foreign jurisdictions in regard to medical liability, specifically in respect of exclusionary clauses in hospital contracts. For a detailed analysis and comprehensive study of various cases, issues and arguments advanced for and against the inclusion of medical profession within the jurisdiction of the consumer protection act 1986, see, gurjeet singh, the consumer protection act. Under the law of torts a wrong that is independent of contract civil liability is applicable to doctors of all categories, that is whether they provide their service for a fee or as. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Consumer protection act and medical profession collusion, says the much venerated oxford english dictionary, is a fraudulent secret understanding, especially between ostensible opponents. Consumer protection act and the medical profession n.
Medical profession and consumer protection act issues. The application of the consumer protection act in the. After the consumer protection act, 1986, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical. Consumer protection act cpa 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. This chapter may be cited as the virginia consumer protection act of 1977. Pdf consumer protection act, 2019 and its implications. Consumer protection act blessing or curse to medical profession. A medical service falls under the purview the consumer protection act in the following cases. The law of contract, the consumer protection act and. In 1993, the supreme court brought the medical profession under. Pdf scope of consumer protection act in medical profession.
The provisions of the act are being brought into force w. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Aims of cpa, 1986 this act aims to provide better protection to the interests of the consumers to make provisions for the establishment of consumer councils and other authorities to provide speedy and cheap remedy to the consumers. It is on a footing different from any other kind of negligence.
It is most akin to the liability under the law of torts. By judgment dated april 21, 1992 in first appeal nos. Service 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 medicinal and surgical. Medical negligence and law in india an analysis ipleaders. After the medical profession was brought under the consumer protection act vide indian medical association vs. The meaning of legal terms are being restricted to such terms only as concern the medical profession. The relationship between the patient and the doctor is based on mutual trust and faith. Under consumer protection laws, medical negligence is another form of deficiency in service. The basic elements of negligence are a duty of care b breach of duty ccause in fact dproximate cause and e damage. Free medical care and consumer protection indian journal of.
Selected provisions of the consumer protection act 1986 explained as relevant to the medical profession the consumer protection act, 1986 which came into force on 15th april,1987 is a welfare. Ashwin patel, negligence, as a tort, involves three elements. Northwest territories rules of practice respecting applications and hearings concerning a reduction in the number of years of imprisonment without eligibility of parole. Rights of a consumer the consumers international ci, former international organisation of consumer. The development of consumer protection regime is fairly young. Medical negligence and consumer protection law by prashant. Mere mention of the consumer protection act at any gettogether or scientific meeting of doctors evokes their instant attention and all other conversation cases, giving rise to passionate exchange of opinion, experiences, fears, etc. Impact of the consumer protection act in the health care. Medical negligence liability under the consumer protection. Oct 08, 2017 under consumer protection laws, medical negligence is another form of deficiency in service. Duties of a doctor prevention is better swot analysis. Vijaya kumar, consumer protection act and the medical profession, indmedica, 2006. Why ball uses this word to describe the holding of a medical conference by a medical association is beyond comprehension.
The protection of women from domestic violence act, 2005 the marriage laws amendment bill, 2010 the prohibition of sexual harassment of women at workplace bill, 2010. Union of india, it was held that service rendered for consideration by private medical practitioners, private hospitals. In 1993, the supreme court brought the medical profession under the section 21 o of cpa. Sir, the consumer protection act cpa is a comprehensive legislation implemented in the year 1986 in india to promote and safeguard the. Medical profession and consumer protection act selected. The consumer protection act cpa is a comprehensive piece of legislation implemented in 1986 in india, which aims to provide a forum to safeguard the rights. It is the intent of the general assembly that this chapter shall be applied as remedial legislation to promote fair and ethical standards of dealings between suppliers and the. Medical negligence liability under consumer protection act. However, in some cases the patient died before he reached the hospital. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. The law of contract, the consumer protection act and medical. Since the passing of the consumer protection act in 1986, c. Laws of malaysia act 599 consumer protection act 1999 an act to provide for the protection of consumers, the establishment of the national consumer advisory council and the tribunal for consumer claims, and for matters connected therewith.
But there is stricter and broader liability in this situation as failure to exercise skill and care as is ordinarily expected of a medical practitioner is the test under consumer protection laws. Consumer protection act, no 68 of 2008 legal legal and. The medical profession, though one of the noblest of its kind, is not immune from negligence which, at times, leads to death of the. Pdf scope of consumer protection act in medical profession in india.
Referring to the decision in the case of the india medical association v vp shantaha and others 1995 6 scc 651, the court noted that medical practitioners were covered under the consumer protection act and that negligence as a tort was the breach of a duty caused by omission to do something which a reasonable man would do or doing something. Ryan haight online pharmacy consumer protection act of 2008. The consumer protection act it is likely that the cpa will entirely abrogate the principles laid down by the sca in the afrox case. After including the amendments made vide the consumer. Medical negligence under the consumer protection act lawordo. The medical profession has been included in the consumer protection act cpa, to protect the interests of the patients in case of any unethical treatment rendered by the doctor. B 4151999 be it enacted by the parliament of malaysia as follows. After including the amendments made vide the consumer protection amendment act, 2002 62 of 2002 which was passed by rajya sabha on 11.
Scope of consumer protection act in medical profession in india. Assent 26th may, 2006 commencement 1st july, 2006 1. Doctors and the consumer protection act cpa indian. Talha abdul rahman, medical negligence and doctors liability, indian journal of medical ethics, apriljune, 2005.
Oct 09, 2014 consumer protection actcpa 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. It is hereby notified that the president has assented to the following act, which is hereby published for general information. The doctor is expected to provide the treatment agreed to, tacitly or expressly, according to the established medical procedure. Not only civil suits are filed, the accessibility of a medium for grievance redressal under the consumer protection act, 1986 cpa, having jurisdiction to hear complaints against medical professionals for deficiency in service, has given rise to a large number of complaints against doctors, being filed by the persons feeling aggrieved. Title ilimiting insurer profits and preventing unreasonable premium increases sec. This paper will examine the question of whether patients, who receive free medical care, whether from private charitable or governmental hospitals, can claim rights as consumers under the consumer protection act, 1986. Role of consumer protection act in medical practise iamj. Consumer protection act cpa copra related to medical profession. Important medical negligence cases in india ipleaders. Consumer protection act cpa copra related to medical. All these have soured the patientdoctor relationship to great extent. Doctors and the consumer protection act cpa anil pilgaokar the recent landmark judgement by the supreme court, stating that medical services to patients, for which fees are charged, come under the purview of consumer protection act 1986, has put a curtain on the long drawnout debate between doctors and consumers on the issue.