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(AMENDED UPTO DECEMBER 2010) Duties and obligations of doctors are enlisted in ordinary laws of the land and various Codes of Medical Ethics and Declarations - Indian and International, which are : (i) Code of Medical Ethics of Medical Council of India (ii) Hippocratic Oath ; (iii) Declaration of Geneva ; (iv) Declaration of Helsinki; (v) International Code of Medical Ethics ; (vi) Government of India Guidelines for Sterilization. 2. Duties to the Public 1. Health Education2. Medical help when natural calamities like drought,f lood, earth-quakes, etc. occur.3. Medical help during train accidents.4. Compulsory notification of births, deaths, infectious diseases, food poisoning etc.5. To help victims of house collapse, road accidents, fire,etc. 3. Duty towards Law Enforcers, Police, Courts, etc. 1. To inform the police all cases of poisoning, burns,injury, illegal abortion, suicide, homicide,manslaughter, grievous hurt and its natural complications like tetanus, gas-gangrene , etc. This includes vehicular accidents, fractures, etc.2. To call a Magistrate for recording dying declaration.3. To inform about bride burning and battered child cases. Standard care:1. Due care and diligence of a prudent Doctor.2. Standard, suitable, equipment in good repair.3. Standard assistants : Where a senior doctor delegates a task to a junior doctor or paramedical staff, he must assure himself that the assistant is sufficiently competent and experienced to do the job, and fulfills the prescribed qualifications.4. Non-standard drug is a poison by definition.5. Standard procedure and indicated treatment and surgery.6. Standard premises, e.g. Nursing Home, Hospital , must comply with all laws applicable as imposed by the State and these must be registered wherever required.7. Standard proper reference to appropriate specialist.8. Standard proper record keeping for treatment given,surgery done, X-ray and pathological reports.9. Standard of not to experiment with patient ( SeeDeclaration of Helsinki in Appendix IV).10. Anticipation of standard risks of complications and preventive actions taken in time.11. Observe punctuality in consultation. Duty to provide information: 1. Regarding necessity of treatment.2. Alternative modalities of treatment.3. Risks of pursuing the treatment, including inherent complications of drugs, investigations, procedure,surgery etc.4. Regarding duration of treatment.5. Regarding prognosis. Do not exaggerate nor minimizethe gravity of patient’s condition.6. Regarding expenses and break-up thereof. (A) Standard Care - This means application of the principles of standard care which an average person takes while doing similar job in a similar situation : (B) Duty to provide information to patient / attendant (C) Consent for treatment – (D) Emergency Care - It may be noted that prior consent is not necessary for giving emergency / first-aid treatment. In emergency medico-legal cases, condition of first being seen by medical jurist is not essential.
except under the following circumstances - 1. The patient has recovered from the illness, for which treatment was initiated.2. The patient / attendant does not pay the doctor’s fees (in case of a private practitioner).3. The patient / attendant consults another doctor ( of any branch of medicine ) without the knowledge of the first attending doctor.4. The patient / attendants do not co-operate and follow the doctor’s instructions.5. The patient is under some other responsible care, e.g., the patient, after admission in a hospital, comes under care of senior doctors / unit head.6. The doctor has given due notice (orally or written ) for discontinuing treatment.7. The doctor is convinced that the illness is a fictious one.
exceptions : (a) if the patient prefers not be informed and (b) if the doctor believes in the exercise of coming to a sound medical judgement, that the patient is so disturbed or anxious that the information provided would not be processed rationally or that it would probably cause significant psychological harmD Consent:The term ‘consent ‘ is defined thus : When two or more persons agree upon the same thing in the same sense they are said to consent as per the definition of ‘consent ‘ given in section 13 of Indian Contract Act, 1872. Who can given consent : For the purpose of clinical examination diagnosis and treatment consent can be given by any person who is conscious, mentally sound and is of and above twelve years of age as provided under sections 88 and 90 of the Indian Penal Code, 1860. Doctors are reminded that consent is taken under section 13 of the Indian Contract Act, 1872. This Act, however also provides under Section 11 that only those persons who are of and above 18 years of age are competent to enter into a contract.Since doctor-patient relationship amounts to entering into a contract, it is advisable that consent should be obtained,specially written consent, from parents / guardian of a patient who is below 18 years so that validity of the contract is not challengeable. When a consent is not valid : Consent given under fear, fraud or misrepresentation of facts, or by a person who is ignorant of the implications of the consent, or who is under 12 years of age is invalid ( Sec. 90 I.P.C.). In most of the cases filed against the doctors it is alleged that no consent was obtained. Obtaining of a consent will thus be a cornerstone of protection against litigation. Depending upon the circumstances in each case consent may be implied, express or informed.
Implied consent ( Tacit consent ) This is by far the most common variety of consent in both general practice and hospital practice. The fact that a patient comes to a doctor for an ailment implies that he is agreeable to medical examination in the general sense. This, however, does not imply consent to procedures more complex that inspection, palpation, percussion, auscultation and routine sonography. For other examinations, notably rectal and vaginal and withdrawal of blood for diagnostic purpose, express consent ( oral or written ) should be obtained. For more complicated diagnostic procedures, e.g., lumbar puncture, radiology,endoscopy, C.T. Scan, etc. express written consent should be obtained. Express consent Anything other than the implied consent is express consent. This may be either oral or written. Express oral consent is obtained for relatively minor examinations or therapeutic procedures,preferably in the presence of a disinterested third party. Express written consent is to be obtained for : (i) all major diagnostic procedures, (ii) general anesthesia, (iii) for surgical operations,(iv) intimate examinations, (v) examination for determining age,potency and virginity, and in medico-legal cases I ..................................... son of ............................... aged ................ resident of ........................................... being under the treatment of ....................................... (state here name of doctor/hospital/nursing home) do hereby give consent to the performance of medical /surgical /anesthesia/ diagnostic procedure of ....................................................... (mention nature of procedure / treatment to be performed, etc.) upon myself/upon ................................................... aged ............. who is related to me as ................................... (mention here relationship, e.g. son, daughter, father, mother,wife, etc.). I declare that I am more than 18 years of age.I have been informed that there are inherent risks involved in the treatment / procedure. I have signed this consent voluntarily out of my free will without any pressure and in my fell senses. Place : Date : SIGNATURE Time : ( To be signed by parent /guardian in case of minor) NOTES : 1. This Consent Form should be signed BEFORE the treatment is started. These formats may be modified as per individual requirements or experiences of Hospitals / Nursing Homes. 2. These formats should be in local language and in certain cases it would be prudent to record a proper witness to signature consent. 3. Informed consent forms for various situations can be made for Nursing Homes / Hospitals. Help of lawyers may have to be taken. Detailed forms on Medical history can also be maintained. Keep all records in order and safely. 4. It is important to note that written consent should refer to one specific procedure. Obtaining a ‘blanket’ consent on admission does not have legal validity Proxy Consent ( Substitute consent ) All the above types of consent can take the shape of Proxy Consent. Parent for child, close relative for mentally unsound /unconscious patient, etc.Situations where consent may not be obtained 1. Medical Emergencies. - The well being of the patient is paramount and medical rather than legal considerations come first.2. In case of person suffering from a notifiable disease. - In case of AIDS/HIV positive patients, the position in India regarding its being a notifiable disease or not is not yet clear.However, in England the Public Health ( Infectious Diseases) Regulations, 1988 extend the provisions of notifiable diseases to AIDS but not to persons who are HIV positive.3. Immigrants.4. Members of Armed Forces.5. Handlers of food and dairymen.6. New admission to Prisons.7. In case of a person where a court may order for psychiatric examination or treatment.8. Under Section 53 (1) of the Code of Criminal Procedure, a person can be examined at request of the police, by use of force. Section 53 (2) lays down that whenever a female is to be examined, it shall be made only by, or under the supervision of a female doctor
Duties of the Patient / Attendant When a patient ( consumer ) hires or avails of services of a doctor for treatment, he has the following duties :- 1. He must disclose all information that may be necessary for proper diagnosis and treatment.2. He must co-operate with the doctor for any relevant investigations required to diagnose and treat him.3. He must carry out all the instructions as regards drugs,food, rest, exercise or any other relevant /necessary aspect.4. In the case of a private medical practitioner he must compensate the doctor in terms of money and money alone. Moral considerations apart, failure on the part of the patient / attendant to do his duty : ( a) will enable the doctor to terminate patient -physician contract and that would free him from his legal responsibilities, (b) will be construed as contributory negligence, and weaken the case of the patient for compensation. Implied contract is not established when : (i) the doctor renders first-aid in an emergency ; (ii) he makes a pre-employment medical examination for a prospective employer; (iii) he performs an examination for life insurance purpose ; (iv) he is appointed by the trial court to examine the accused for any reason ; and (v) when he makes an examination at the request of an attorney for last suit purposes.A doctor-patient contract requires that the doctor must : (1)continue to treat such a person ; (2) with reasonable care ; (3)reasonable skill ; (4) not undertake any procedure/ treatment beyond his skill and (5) must not divulge professional secrets. Contract is defined as an agreement between two or more persons which creates an obligation to do or not to do a particular thing. Contract may be implied or express.
Exceptions: Emergency. Emotionally and psychologically weak patient. Wavier.
(iii) The degree of skill a doctor undertakes is the average degree of skill possessed by his professional brethren of the same standing as himself. The best form of treatment may differ when different choices are available. There is an implied contract between the doctor and the patient when the patient is told in effect : "Medicine is not an exact science. I shall use my experience and best judgement and you take the risk that I may be wrong. I guarantee nothing." (iv) - This depends upon his qualifications, special training and experience. The doctor must always ensure that he is reasonably skilled before undertaking any special procedure / treating a complicated case. To quote an example, a doctor who is not sufficiently trained or qualified should not administer anaesthesia.
In must be bonafide and without malice, e.g., as a witness in a court of law; warning partners or spouses of AIDS patients and those found infected with HIV; informing public health authorities of food poisoning from a hotel etc; assisting apprehension of a person who has committed a serious crime ;informing law enforcers about medico-legal cases, etc
Inept- not elegant or graceful
Consumer protection act in Medical Profession
Consumer Protection Act in
DR HAR ASHISH JINDAL
• Rights of a Consumer
• Where can a Consumer complain??
• Laws in Medical profession
• Consumer Protection Act – 1986 (CPA)
• Who is liable and Who is not?
• Duties of a doctor
• Prevention is better
• SWOT Analysis
• The Consumers International (CI), former International
Organisation of Consumer Unions (IOCU), the umbrella body,
for 250 organisations in over 120 countries has endorsed 8
• 1. Safety
• The Consumer Rights No. 1 to 6 are also enshrined in the
Consumer Protection Act, 1986.
Rights of a consumer
5. Consumer Education
7. satisfaction of basic needs
8. Healthy Environment
What if the doctor
does not treat me
When a consumer
has any complaint /
grievance against a
or Private Hospital)
Hospital with copy
to Chief Medical
Officer of his area
not satisfied with the
reply of the concerned
official then he should
send his complaint to
the State Medical
Council of his area.
not satisfied then he
can send his
complaint to the
Medical Council of
Criminal type complaint -
effected consumer can file
complaint with the local Police
Station- the expert opinion will
be required to register any police
File a case with the Consumer Forum,
Civil Court and Criminal Court for
seeking compensation for damages
arising out of wrong treatment or
removal of sensitive body parts during
Laws in Medical Profession
• Doctors have been liable under laws such as Civil Procedure Code,
Indian Penal Code, Law of Contractors, Law of Torts and other
• under Section 304-A of the Indian Penal Code (IPC), the doctor
who commits criminal liability is punishable with imprisonment for
a term which may extend upto two years, or with a fine, or both.
• Civil liability- arises in case of medical service rendered on payment
of fee, under section 73 and 74 of the Indian Contract Act 1986
• Under the Law of Torts (a wrong that is independent of contract)
civil liability is applicable to doctors on the Grounds of professional
Need for CPA
Drawbacks Indian Penal Code, Law of Contracts, Law of Torts
and other specific Legislation:
• (i) Delay to decisions ;
• (ii) High cost of bringing an actions;
• (iii) limited access to the courts ;
• (iv) Difficult to prove both negligence and causation.
No provisions in the Indian Medical Council Act, 1956 ;
• (i) to entertain any complaint from the patient ;
(ii) to award any compensation, etc. in case the negligence is
Who is a Consumer in medical profession..
• A patient who pays to get services of doctor /hospital,
• Any person who pays for the patient, legal heirs /
representatives of such patients,
• In case of death of patient who is a consumer, legal heirs
(representatives) of the deceased will be considered as
• If the payment has been made by any person who is not a legal
heir of the deceased he too will be considered as "consumer.
What is a Complaint?
• Any allegation, in writing made by a complainant that the services
hired or agreed to be hired or availed of by him suffer from
deficiency in any respect.
Who is a Complainant?
• Complainant means -
(i) a consumer ; or
(ii)the Central Government or any State Government
(iii) any registered voluntary consumer association
(iv) one or more consumers, where there are numerous
consumers having the same interests ; who or which makes a
• Service means
any description which is made available to potential users and
includes the provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of electrical
or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of
news or other information but DOES NOT INCLUDE THE
RENDERING OF ANY SERVICE FREE OF CHARGE
OR UNDER A CONTRACT OF PERSONAL SERVICES.
• Professional negligence - the breach of a duty caused by the
omission to do something which a reasonable man guided by
those considerations would do or doing something which a
prudent and reasonable man would not do.
• Medical negligence or malpractice - lack of reasonable care and
skill or willful negligence on the part of a doctor in the treatment
of a patient whereby the health or life of a patient is endangered.
Example : If a junior doctor is involved as part of a surgery, then his duty, as far as the
exercise of the specialist skill is concerned, is to seek the advice or help of a senior
doctor. He will have discharged his duty once he does this and will not be liable even if
he actually commits the act which causes the injury ,anything apart from his duty has
a liability of negligence .
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.
• In 1993, the Supreme Court brought the medical profession
under the Section 2(1) (o) of CPA.
• safeguard and protect the interest of consumers.
• simplification of procedures for seeking redressal of
grievances of patients or their relatives.
• less expensive
• within a limited time frame
How doctors are included in CPA??
• The National Consumer Disputes Redressal Commision’s
order decreed that the doctor - patient relationship is a contract
for personal service and it is not master - servant relationship.
• The doctor-patient relationship is a contract for personal
service and could not contract of personal service
• Hence patients who had sustained injuries in the course of
treatment can sue doctors in consumer protection courts for
Chairperson: Minister in-
charge of the Department of
Consumer Affairs in the
Chairperson: Minister in-
charge of the Consumer
Affairs in the State
Resolution passed by
these Councils are be
3 tier system of CPA
Where is a complaint filed?
• if the value of
less than Rs.
• if the value of
• if the value of
than Rs 1
• Chairman : a
person who is
qualified to be a
• Two or more
to various fields,
one of whom is a
• Chairperson: a
person who is or
has been judge of
a High Court,
appointed by the
• two other
experience (as for
within the State
• Chairperson: a
person who is or
has been a judge
of the Supreme
Court to be
appointed by the
• 4 or more other
members ,one of
whom shall be a
Chair person and Members
• Rohtak District
• 3rd Floor Court No. 14
• New Judicial Complex
• Ph: 01262-245550
• Haryana State
No3-6, Sector 4
• Telephone Nos.
Who is liable?
• All medical/dental practitioners doing independent
medical/dental practice unless rendering only free service.
• All Private hospitals charging patients.
• All hospitals having free as well as paying patients and all the
paying and free category patients receiving treatment in such
• Medical/dental practitioners and hospitals paid by an insurance
firm for the treatment of a client or an employment for that of
When is the doctor liable?
Mere error in Judgement
When a doctor takes a
decision that turns out
to be wrong but in
that situation it
All aspects covered
but in retrospect
highlights the cause of
Not all the
How does adjudication of liability take
Complainant files a written complaint
the forum/ Commission, admits the
sends a written notice to the opposite party
asking for a written version to be submitted
within 30 days.
proper scrutiny either filing of an affidavit or
production of evidence in the form of
interrogatories, expert evidence, medical
literature, and judicial decisions.
How does adjudication of liability take
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
compensation to the
To remove the
deficiency in the
Provision of appeal !!!
• An appeal against the decision of the District
Forum can be filed before the State
• An appeal against the decision of the State
Commission to the National Commission
• An appeal against the decision of the National
Commission to the Supreme Court
TIME SCHEDULE FOR DISPOSAL
• Every complaint decided within 90 days from the date
of receipt of notice by opposite party, where there is no
requirement for testing of sample etc. In the event of such a
requirement, the prescribed time is 5 months.
• Appeals disposed of within a period of 90 days.
• If a complaint/appeal is disposed of after the specified period,
then the Forum/Commission records the reasons for the
delay in writing.
Conditions of CPA
• 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.
Conditions of CPA
• 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
Doctor - Innocent or guilty ????
• In order to achieve success in an action for negligence, the
consumer must be able to establish to the satisfaction of the
court that :
– the doctor (defendant) owed him a duty to conform to a
particular standard of professional conduct ;
– the doctor was derelict and breached that duty ;
– the patient suffered actual damage
– the doctor’s conduct was the direct or proximate cause of
• Failure to provide substantialize evidence on any one element
may result in no compensation.
Duties of a doctor
On the basis of Codes of Ethics (MCI, 2002) and Declarations, the
duties of a doctor are -
• 1. Duties to the Patient: These are : Standard Care, Providing
Information to the Patient /Attendant , Consent for Treatment, and
2. Duties to the Public.
3. Duties towards Law Enforcers.
4. Duties not to violate Professional Ethics.
5. Duties not to do anything illegal or hide illegal acts.
6. Duties to each other.
When does a question of duty arise?
• Duty towards a patient begins the moment a doctor agrees to
take on the case. He must not, therefore, abandon his patient1
• Supreme court ruling “every doctor, at the governmental
hospital or elsewhere, has a professional obligation to extend
his services with due expertise for protecting life”- restricted to
situations where there is danger to the life of the person.2
1.Laxman Joshi v Babu Godbole, AIR 1969 SC 128
2.Parmanand Kataria vs. Union of India
Doctor - patient Contract
• The doctor-patient contract is almost always of the implied type,
except where a written informed consent is obtained.
• An implied contract is where one person renders services under
circumstances indicating that he expects to be paid and the other
person knowing such circumstances, avails himself of benefit of
• Express oral consent is obtained for relatively minor examinations
or therapeutic procedures, preferably in the presence of a
disinterested third party.
• Express written consent is to be obtained for : (i) all
major diagnostic procedures and surgical operations, (ii)
general anesthesia, (iii) intimate examinations, (iv)
examination for determining age, potency and virginity,
and in medico-legal cases
• Must be explained in comprehensible non-medical terms
preferably in local language about the (a) diagnosis, (b)
nature of treatment,(c) risks involved, (d) prospects of
success, ( e) prognosis if the procedure is not performed,
and (f) alternative methods of treatment.
• It means that the degree of care and competence that an
“ordinary competent member of the profession who professes
to have those skills would exercise in the circumstance in
• Generalist and specialist are expected to take reasonable care
but what amounts to reasonable care with regard to the
specialist differs from what amount of reasonable care is
standard for the generalist.
• The law expects the specialist to exercise the ordinary skill of
his speciality and not of any ordinary doctor.
Treat according to Reasonable Skill - Not to
undertake any procedure beyond his skill
I should go to
TAKE HELP in
• Any complicated cases
• Performing an operation which may
be dangerous to life or requiring
• Operating on a case in which there
has been a criminal assault,
• Performing an operation which may
affect the intellectual or reproductive
functions of a patient.
• A professional secret is one which a doctor comes to learn in
confidence from his patients, on examination, investigations or
which is noticed in the ordinary privacies of domestic life.
• A doctor is under a moral and legal obligation not to divulge
any such secret except under certain circumstances.
• Privileged communication is defined as a communication
made by a doctor to a proper authority who has corresponding
legal, social and moral duties to protect the public.
Duty not to violate Professional Ethics
Not to run a medical store / open shop for sale
of medical and surgical instruments.
Not to indulge in self-advertisement
Not to associate with
practitioner and not
allow them to practice
Not to issue false certificates and bills
Not to attend patient when
under the effect of alcohol
No fee sharing
Not to talk loose about colleagues
Not to refuse professional service on
grounds of religion, nationality, race,
party politics or social status.
Duty not to do anything illegal or hide illegal acts
1. Perform illegal abortions / sterilization’s
2. Issue death certificates where cause of death is
3. Not informing police a case of accident, burns,
poisoning, suicide, grievous hurt, gas gangrene.
4. Not calling Magistrate for recording dying
5. Unauthorized, unnecessary , uninformed
treatment and surgery or procedure.
• PREVENTION AT PERSONAL LEVEL
• PREVENTION AT PRACTICE
• PREVENTION BY PROFESSIONAL INDEMNITY
• PREVENTION BY PEOPLE SUPPORT GROUPS
PREVENTION AT PERSONAL LEVEL
• True and M.C.I. approved qualification, training &
experience of recognized centers are the primary safeguards
against any litigation.
• Refrain from claims of guarantee of results.
PREVENTION AT PERSONAL LEVEL
• Communication: This is the key to doctor-patient
• Increasing crowds of patients and improper communication to
patient about diagnostics and treatment procedures, complications
and claims of guarantee success are main reasons for patient
• Answer all queries of the patients/relative without getting irritated
• Do not be averse of any demand/suggestion for second opinion by
• Keep empathy
PREVENTION AT PERSONAL LEVEL
• The whole system of medical establishment should be made
courteous, and polite.
• The special training should be imparted to experts about
dealing with patients/relatives under grievous mental stress
due to some loss/injury.
Academic & technical up gradation
• To keep pace with fast changing scenario of technical
advancement, one should regularly attend CME’s, workshops
and other academic sessions should also be organized to
upgrade our junior staff and nursing team.
PREVENTION AT PERSONAL LEVEL
• A thorough knowledge of medical
ethics and laws is essential for all
GET A FEEDBACK
PREVENTION AT PRACTICE
• The key steps are exercising reasonable skill and care in
diagnosis and treatment, documentation and legally valid
• The reasonable skill & care
• There are 3 aspects of reasonable skill and care
PREVENTION AT PRACTICE
• Medical aspect
First and foremost it is imperative for every
doctor/hospital/nursing home to exercise reasonable skill and
care expected of an average person with equivalent qualification
and experience in similar circumstances.
• Social aspect
We should always exhibit our reasonable skill and care to the
patient/attendants/relatives, through expressions, body
language, actions and discussions. These must be visibly
• Make good clinical notes of findings on examination and
treatment given with specific dates and time.
• Negative records act as important tool while defending the cases
in court of law.
• Please make sure that your handwriting is legible.
PREVENTION AT PRACTICE(Legal aspects)
PREVENTION BY PROFESSIONAL
• " indemnity " means reimbursement, to compensate.
• Provides the claim of compensation awarded against
• Gives a sense of mental security (even in cases of
• Arrange advocates for the legal help
PREVENTION BY PEOPLE SUPPORT
• Societies –
– Provides social security
– regular fellowship that prohibit the doctors speaking foul
against their own colleague.
• Acts as an update as time to time discussions about various
provisions of acts, cases fought and their results and the
lessons learnt from them.
• Acts as a pressure group on the dissatisfied patient on moral
and emotional grounds.
• Highly technical orientation of the
• Declining credibility of medical
• Professional jealousy.
• Lack of objectivity and empirical
nature of several regimens
• Commercialization of medical
• Inept medical record keeping
• Lack of staff
• Pending cases
• Corrupt lawyers
• Valued as noble profession
• Giant strides in the medical
• Significant proportion of doctors
committed to protect the Rights
of the Consumers.
• Strong consumer movement in
• Revives the Hippocratic Oath
• Vigilant press.
• Low level of awareness among
patient and doctors.
• Illiteracy and low socio-
economic status of patients.
• Exaggerated claims encouraged
• Tendency of insurance
companies to opt for out of
• Growing urge to practice
• Growing patient
consciousness for quality care.
• Successful application of the
CPA to other services/goods.
• Possibility of strengthening of
MCI Agreeing to the
application of CPA
• Realisation of need for regular
• Clinicopathological meets in
instances of medical
With CPA medical profession may seem
vulnerable, but it forces the medical personnel's
to be more responsible , accountable and
remain upto date to serve the society in a more
effective and an efficient way, though a legal
assurance, ensuring protection from
unnecessary and arbitrary complaints, is the
need of the hour.
1. Smreeti Prakash A comparitive analysis of various legal
systems regarding medical negligence: Criminal Consumer &
Torts law 2005
3. Dr. Mukesh Yadav, "Criminal Negligence by Doctors-A
Scenario of Aggressive Patients, Confused Doctors and
Divided Judiciary!", IIJFMT 2(4) 2004.
4. N.Satyanarayana, G. Vijaya Kumar, "Consumer Protection
Act and the Medical Profession", IndMedica, 2006.
5. Talha Abdul Rahman, "Medical negligence and doctors'
liability", Indian Journal of Medical Ethics, April-June, 2005