FM JANUARY 2019 - digital edition

policy
THE CONSUMER PROTECTION BILL 2018
DOCTORS DISMAYED
Medical practitioners will have to pay dearly for medical negligence
With the Lok Sabha passing
The Consumer Protection Bill
2018, medical practitioners in
the country are concerned over various
provisions in the bill.
The bill, which is sent to Rajya Sabha
for passage, will replace the threedecade-old
Consumer Protection Act of
1986. Medical practitioners fear that if
Rajya Sabha too passes the bill in the
same form, it will trigger several issues
in the medical field.
“The Indian Medical Association, the
umbrella organisation of all modern
medical practitioners in the country, is
very much concerned about many of the
provisions of the Consumer Protection
Bill 2018 and we feel that this move
will cause further increase in treatment
costs, make healthcare unaffordable
and inaccessible to weaker sections of
the society, promote corporatisation of
healthcare, eliminating smaller hospitals,
and will make implementation of public
funded health programmes difficult,”
said Dr Jayakrishnan A. V., Chairman, IMA
Hospital Board of India, Kerala Chapter.
Though the Consumer Protection Act
of 1986 passed by the parliament didn’t
bring the medical profession under its
purview, it was brought under the act
following the verdict of Supreme Court
in Indian Medical Association vs V. P.
Shanta and Ors. Since then, the topic
has sparked off numerous discussions.
It has once again become a topic of
discussion among medical fraternity and
consumer activists with the Lok Sabha
passing the bill.
Hefty penalty
The bill proposes consumer disputes
redressal commissions at national, state
and district levels to deal with consumer
THE BILL EMPOWERS THE
DISTRICT LEVEL CONSUMER
DISPUTES REDRESSAL
COMMISSIONS TO AWARD
MONETARY COMPENSATION
OF UP TO RS 1 CRORE
complaints. The district level body will
comprise a president and at least two
members and the state and national
level bodies will have a president and
at least four members. The president
and members will be appointed by
the central government as per the bill.
A major highlight of the bill is that it
empowers the district level consumer
disputes redressal commissions to
award monetary compensation of up
to Rs 1 crore against Rs 20 lakh in The
Consumer Protection Act 1986. The
state-level body can award up to Rs
20 crore against previous Rs 1 crore.
As per the bill, not only individuals but
associations and other bodies can also
file a complaint with the consumer
forums.
Even though IMA proposed certain
suggestions regarding the draft bill
2015 that was put in the public domain,
it was not considered in the 2018
bill. Now, the body has approached
Rajya Sabha members to consider
the suggestions made by them in the
bill. The suggestions made by IMA
include seeking expert opinion before
taking up a case of medical negligence
by consumer fora. According to the
association, it has been emphasized by
the Supreme Court in Martin F. D’ Souza
vs Mohd. Ishfaq case.
No judicial concept?
The association feels that the very
high compensation proposed in
the bill may result in an increase in
frivolous litigations. “The medical
profession will have to bear the brunt
of higher compensation proposed in
the bill. The compensation awards
in medical negligence cases need to
be capped,” said Dr Jayakrishnan.
Medical practitioners also demanded
that litigations against the medical
BILL HIGHLIGHTS
The salient points in the
Consumer Protection Bill
2018 passed by Lok Sabha on
20/12/18 which will have an
impact on the health sector
are:
• District consumer
redressal fora also named
as commission, jurisdiction
increased from Rs 20 L to Rs
1 crore.
• District, state and national
fora do not require judicial
members.
• Jurisdiction of State
Consumer Commission
increased from Rs 1 crore to
Rs 20 crore
• Not only individuals but
associations and other bodies
can complain to consumer
fora
• Consumer Mediation
Cells at district, state and
national level
• District, state and national
councils which are advisory in
nature
• Central Consumer Authority
which has judicial powers can
conduct investigations, search
and make judgements
12 / FUTURE MEDICINE / JANUARY 2019