Study of Cases Filed Under Consumer Protection Act at an Apex Tertiary Care Teaching Hospital in India

Abstract

Introduction: The doctor-patient relationship is one of the most unique and privileged relations and in our country, it has been complicated over the past few decades. The Consumer protection Act 1986& its Medical Profession related Provisions of 1995 is a unique legislation which provides for speedy and economical redressal in a simple manner. Objectives: To identify and describe the issues which have a direct or indirect bearing in the filing of these cases. To analyze role/ responsibility of respondents and asses the status of cases. Material and method: Retrospective study of CPA cases of ten years from the year 1998 to 2007 was done and there analysis was done. All current cases of alleged medical negligence were studied as motioned below. a) Case files in establishment section (legal cell) including complaints and legal notices were retrieved, reviewed and analyzed. b) Case sheets and discharge summary in admitted patients were reviewed. c) Outpatient and casualty records in selected cases wherever required were referred. Results: The total numbers of cases was found to be sixteen. Case filling distribution was made as per District Forum, State consumer Disputes Redressal (SCDR) Commission and National consumer Disputes Redressal (NCDR) Commission and was 4, 7 and 5 respectively. Study showed more cases were from surgery department. Role and responsibility analysis showed that 3 cases were direct responsibility, 12 cases were joint responsibility and 6 cases were shared responsibility. Status of cases showed that 15 cases were pending in forum and commissions. Conclusion: The prime object of the Medical Profession is to render service to humanity; reward in the shape of material term or anything is a subordinate consideration. Gradually doctors are realizing that CPA may be beneficial in the long run. There would be more trust and transparency in doctorpatient relationship. Expected outcomes of studied cases filed against AIIMS of the topic are likely to be decided in favour of AIIMS.