Medico-Legal

Dear Medicos, what's there in New Consumer Protection Act ? as you are not out of it..  Adv. ROHiT ERANDE.  © I may not be wrong to say that perhaps the Doctors are not  scared of anything than The Consumer Protection Act or CPA. Medicos often refer it to the draconian legislation. Its been more than 3 decades that the Doctors and the Hospitals have been brought under the 4 corners of this Law. The New, Consumer Protection Act, 2019 (CPA) has been put into effect from 20th July, 2020, barring few sections. The old Consumer Protection Act, 1986 has been now repealed.  Let's see the salient features of this Act, from Doctor's point of view.  We all are aware that the CPA is a social legislation and its main aim and object reads as under  "An Act to provide for the better protection of the Interest of Consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers&#

Pre-Printed Consent is no consent ? What is the law of Informed Consent ?  - Adv. ROHiT ERANDE.  © The Medical Fraternity was shocked to read a news in one of leading news paper which titled as "Consent forms for Medical procedures is unfair trade practice " Consumer Panel.  After searching, it was revealed that this refers to observations of National Consumer Disputes Redressal Commission in the same judgment where allegations of Medical Negligence have been turned down.  Let's see the judgment and the law of informed consent in nutshell. Case Details : VINOD KHANNA V/s.  R.G. STONE UROLOGY AND LEPROSCOPY HOSPITAL & 2 ors.  Consumer Case No.428/2018, decided on 06/07/2020 Coram : Hon. Dr. S.M. Kantikar, Presiding Member and Hon. Mr. Dinesh Singh, Member.  Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F428%2F2018&dtofhearing=2020-07-06 Facts in short : 1. The cas