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 The old Consumer Protection Act, 1986 has been now repealed.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 settleme...

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 ...

Doctors :  Victims of new form of Untouchability ? Adv. ROHiT Erande. © At one hand we are applauding Medicos as Corona Warriors, flower petals ae being showered on them, but at the other hand, Doctors are atiat some places are being treated as if they are untouchables.  The decease of Untouchability was removed legally, thanks to our Constitution Makers. However in reality it erupts with new faces. Let's see few examples. A) I came across recently a post of a Doctor. He visited a patient's place to check the patient. The Doctor demanded torch and when Doctor returned back, the wife of patient refused to touch it !!.  B) There are many examples where Doctors have been refused to enter thier own clinic and Society said no entry for Doctors, as members may get infected with Corona. C) Few news were more  disheartening where Doctors were not allowed to enter the Society where they reside !! These are the same doctors to whom others go for t...

In Corona days,  Private Hospitals are  Caught Between two fires :  Adv. ROHiT Erande. © The Hospital and issues of Bills, are nothing new. Patients in general think that they have been charged exorbitantly. But this issue attained more importance in CORONA as a petition was filed in Hon. Gujrath High Court against exorbitant billing of Hospitals.  A Division bench of Hon.J.B. Pardiwala and Hon. Ilesh Vora JJ observed that, "The Covid-19 outbreak is a “critical war-like” situation and not a time to do business to earn profit," The Court further observed that “If the private hospitals do not budge and are determined to demand an exorbitant amount, then this Court will have to take appropriate legal action against such hospitals and the consequences may be quite bitter, including cancellation of license. We request the learned Advocate General to immediately look into this issue and see to it that the same is resolved at the earliest,” The Corona has ...

Corona and the Ordinance to save Health Care Workers from violence : Beliefs and Disbeliefs Adv. ROHIT ERANDE. © Introduction : The Corona epidemic became pandemic in very short time and to control the same Epidemic Diseases Act, 1897. In India the Doctors, Nurses etc., along-with Police personnel etc are the frontline soldiers who are fighting this war against Corona. However the Doctors at one hand continue to perform relentlessly round the clock and save human lives, instead of receiving bouquets , started receiving brickbats as the token of their services and suddenly incidents of violence against Doctors, Nurses etc, increased. As sadly,  attacks on Doctors has become the common phenomena of healthcare system in India, but this time the water was rising above its level and as a result the IMA called for nation wide protest on 22nd April, 2020. But in between a high-power committee meeting held Hon. Home Minister Shri. Amit Shah and IMA and on 22nd April through vid...

Long pending Good news for Health Care Workers. No more violence against Doctors. : In these days of Covid-19,  Doctors are risking their lives to save us, but sorry to  say that some people are  not mature enough to treat the doctors and the incidents of violence against Doctors is at its peak.  The Following message is loud and clear : At all other places : If you are sneezing, having cold, fever, then don't come to us.. But.... In Hospitals, Drs. And Nursing Staff :  If you are sneezing, having cold, fever, then please come to us immediately.. Thus IMA gave the ultimate and finally Home Minister Shri. Amit Shah and others had high power meeting today and the Govt. has decided to amend the age old Epidemic Diseases Act, 1897 and the ordinance has been passed to protect the healthcare workers from attacks and the key features are as under as briefed by Union Minister Shri. Prakash Javdekar. : 1 . Attack on Health-care workers shall be trea...

Namaste Everyone.. Greetings. The Corona Pandemic has once again underlined the challenges in healthcare. most importantly the patients as well as Doctors are not willing to see each other personally. Plus there the Judgment of Hon.Bombay High Court in 2018 created uncertainty about Telemedicine.   You may read the following blog relating to aforementioned Judgement. https://advrohiterande.blogspot.com/2018/07/telephonic-consultation-will-attract.html?m=1  Thus the Central Ministry of Health, India in partnership with NITI Ayog, has prepared the Guidelines for Telemedicine. I think it's very important and might be game-changer for Doctors. The following link would give you the complete overview of 48 pages guidelines. I request everyone to peruse the guidelines and then start TeleMedicine. Please understand that this concept and legal provisions are in its infancy and it will certainly improve as the time passes. Doctors, if assured of...