EVENING DISCUSSION: MEDICAL NEGLIGENCE & ITS REMEDY IN THE LIGHT OF CONSUMER PROTECTION ACT

NEHRU CHILDREN’S MUSEUM AUDITORIUM, Calcutta, MARCH 15, 2002, INDIA

EVENTS
PRESS RELEASE
AGENDA

THE EVENT

 Consumer organisations throughout the world celebrate 15^th of March as the World Consumer Rights Day. This year the international theme was “Rights to redressal”. 

Keeping this in mind, the Calcutta centre of Consumer Unity & Trust Society (CUTS) organised a panel discussion titled “Medical negligence and its remedy in the light of Consumer Protection Act” at Nehru Children’s Museum Auditorium, Calcutta on 15^th March, 2002.  

Objectives
Although Consumer Protection Act is quite old but very few people have a clear idea about it. Also there is a misconception regarding the difference between mistake by a doctor and medical negligence. This seminar was organised to provide the common people a better idea about medical negligence and its remedies through Consumer Protection Act.

The objective of the programme was to generate awareness amongst the consumers about their rights and responsibilities and to motivate them about their rights so that they do not hesitate seeking redressal wherever required. Only knowledgeable and alert consumers aware of their rights and responsibilities can protect themselves effectively. 

Topics for discussion

          Consumer Protection Act in the context of medical negligence

·         Role of media in reporting cases of medical negligence

·         Limitations of the present Consumer Protection Act and working of State Consumer Dispute Redressal Commission

·         IMA’s role in addressing medical negligence

·         Consumers rights to representation and redressal in case of medical negligence

 Participants
City-based experts on consumer rights issue, advocates, lawyers, medical practitioners, representatives from government bodies, non-government organisations working on the area of consumer rights, academicians, media and common people.

PRESS RELEASE

 Lack of accountability and transparency responsible for medical negligence 

Kolkata, March 16: Lack of accountability and transparency is the main reason for increasing incidents of medical negligence. Therefore a responsible national or state commission must be formed urgently to look into the 'criminal acts' being committed in the name of healthcare. This was the main message of a panel discussion on “Medical Negligence and its Remedy in the Light of Consumer Protection Act” organised on the occasion of World Consumer Rights Day (March 15) by Consumer Unity & Trust Society (CUTS).

While in developed countries accountability and transparency have served as deterrents to curb carelessness of doctors, due to a lack of strong consumer movement the same is increasing in developing countries like India.

Ms. Soumi Ghosh, welcoming an august gathering of lawyers, jurists, journalists and consumer activists, said that although a Consumer Protection Act had been enacted over a decade ago people were still unaware of their rights as a consumer in the context of medical negligence.

Dr. Dipankar Dey, moderating the discussion defined medical negligence in context of legal implications.

Dr. Sujit Das, presently associated with Drug Action Forum (DAF) and himself a trained doctor, said that in this country most of the doctors could be held guilty of negligence. Das mentioned that patients were not examined properly and often doctors did not follow the course prescribed in medical texts.

While Pharmacology speaks of barely seven hundred formulations, there are as many as 70 thousand drugs being sold in the country, many of which are harmful. Pointing an accusing finger at the government, Das declared that DAF had forced the government to impose ban on over 7000 drugs as they were harmful. States, hospitals or even doctors have not been informed of the decision. Even banned drugs have not been withdrawn from the market and licenses issued earlier were to be withdrawn. As a result, doctors continue to prescribe the harmful drugs in their ignorance, which was also a case of medical negligence.

Lured by hefty commissions being offered by diagnostic centres, doctors prescribe quite expensive but needless tests, he alleged. As much as fifty per cent of the cost of a MRI examination or Rs 2,500, were being paid to doctors prescribing such tests. How many doctors could resist the temptation, he asked.

It is difficult for the common man to collect sufficient evidence of medical negligence, put up sufficient funds to approach the court, persuade medical experts to give evidence and produce records from the hospitals to prove negligence of doctors and this is the main reason why only a fraction of such cases were reaching the courts.

Accusing hospitals and doctors of tampering with records, Das said that in his experience the medical establishments hardly kept any record, fabricating them only when they become necessary or were to be produced before the court. Das advised courts to seek records in their entirety to detect tampering. " A doctor who maintains records, would do so in all the cases. But if the court cares to look at records of all patients, it would find that in most cases records are perfunctory and meticulously written in cases being adjudicated by the court". It is already mandatory to keep record of all surgeries in the OT, he informed.

Deliberating at the discussion, Uttam Sengupta, Resident Editor (Kolkata), Times of India, said that the expectation of people from media was extremely high and often they received cases of medical negligence. However, as journalists did not possess the expertise or the time to investigate and understand the authencity of such claims, they prefer to be cautious and not harm any doctor unwantingly based on false claims. Sengupta, speaking as a consumer stressed on five issues, punctuality of doctors, proper justification of fees of doctors and providing money receipt, writing prescriptions carefully after proper diagnosis, modification in existing legislative mechanism to increase accountability, need to maintain a transparent, basic medical information system and medical insurance of doctors.

Prabir Basu, a lawyer, stressed that often professional were being harassed with false claims in light of the Consumer Protection Act. He warned that consumers can be imposed a fine of Rs10000 if found guilty of making false claims. He also mentioned that a law is now already in place, making it obligatory for medical establishments to part with all relevant records to the patients if they demand.

PROGRAMME AGENDA

 5.30 pm:  Welcome Address
                Ms. Soumi Ghosh, CUTS
5.45 pm:   About Consumer Protection Act in the context of medical negligence,
                Mr. Prabir Basu, Lawyer

6.05 pm: Role of media in reporting cases of medical negligence,
              Mr. Uttam Sengupta, Editor, Times of India

6.25 pm: Limitations of the present Consumer Protection Act and working of State
              Consumer Dispute Redressal Commission,
              Justice S.C. Dutta, President, State Consumer Dispute Redressal Commission

 6.45 pm: IMA’s role in addressing medical negligence
               Dr. Sudipto Roy, Honorary Editor, Journal for Indian Medical  Association

 7.05 pm: Consumers rights to representation and redressal in case of medical negligence
               Dr. Sujit Das, Drug Action Forum

7.25 pm –8.25pm:  Question-Answer session