Should doctors, like lawyers, be excluded from the Consumer Protection Act?

Source: The post should doctor, like lawyers, be excluded from the Consumer Protection Act has been created, based on the article “Should doctors be kept out of the Consumer Protection Act?” published in “The Hindu” on 24th May 2024.

UPSC Syllabus Topic: GS Paper 2-governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses whether doctors should be excluded from the Consumer Protection Act like lawyers, after a Supreme Court ruling. It highlights differing opinions on whether patients should use the Act to address medical issues, exploring the pros and cons of including medical services under consumer law.

For detailed information on Consumer Protection Act read this article here

What did the Supreme Court say about advocates and the Consumer Protection Act?

The Supreme Court ruled that advocates cannot be held liable under the Consumer Protection Act for deficiencies in service.

This decision prompts a reconsideration of including other professionals like doctors under the same act.

Previously, in 1995, the Supreme Court had included medical professionals under the Act in the landmark Indian Medical Association v. V.P. Shantha case.

The Court now suggests re-examining the definition of ‘services’ under the Act, particularly how it applies to the medical profession, indicating a possible shift in how professional services are treated under consumer law.

The issue will be placed before a larger Bench.

What are the arguments for keeping doctors under the Consumer Protection Act?

Consumer Protection for Patients: The Consumer Protection Act provides a necessary legal framework for patients to seek redress against medical malpractice, as highlighted in the Indian Medical Association v. V.P. Shantha case.

Accountability and Transparency: Including doctors ensures accountability and transparency in medical services, as medical practice inherently involves a contract of service with patients.

Accessible Legal Recourse: The Act offers an accessible and quicker route for grievances, compared to the lengthy processes in civil or criminal courts.

Prevent Malpractice: It acts as a deterrent against negligence and malpractice, protecting patient rights and ensuring higher standards of care.

Efficient Redressal Mechanism: The Consumer Disputes Redressal Commissions provide an effective and specific forum for addressing medical complaints.

For detailed information on National Consumer Disputes Redressal Commission (NCDRC) read this article here

What challenges do doctors face under the Consumer Protection Act?

Lengthy Legal Proceedings: Doctors face long and exhausting legal battles that can extend up to 10 years to prove their innocence, draining their spirit and resources.

Frivolous Litigation: Some patients misuse the Act to avoid paying fees or out of dissatisfaction, leading to baseless lawsuits against healthcare providers.

Increased Medical Costs: To safeguard against potential lawsuits, doctors often order numerous medical tests unnecessarily, inflating the cost of medical procedures.

Documentation Burden: The requirement for meticulous record-keeping and documentation to defend against claims adds additional administrative burdens on medical practitioners, impacting their primary focus on patient care.

What should be done?

1. A thorough review of the inclusion of professionals like doctors under the Consumer Protection Act should be conducted, as suggested by the recent Supreme Court decision.
2. Introduce an ombudsman or independent authority specifically for handling medical complaints, which could streamline processes and provide expert evaluation.
3. Doctors should maintain clear communication about risks and treatment outcomes to minimize misunderstandings and disputes.
4. Incorporate mediation into the grievance process to resolve issues amicably before they escalate to formal litigation.

Question for practice:

Examine the potential challenges doctors face under the Consumer Protection Act and propose measures to address them.