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Consumer Protection Act: Ensuring Healthcare Rights

Explore the structure, objectives, and implementation of the Consumer Protection Act in healthcare. Understand liabilities, complaints, and redressal mechanisms for better patient rights enforcement.

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Consumer Protection Act: Ensuring Healthcare Rights

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  1. GOOD MORNING PRESENTED BY: Dr.IMRAN PASHA M

  2. LESSON PLAN • Name of the Presenter : Dr. Imran Pasha M • Subject : Public Health Dentistry • Topic : Consumer Protection Act • Duration : 45 minutes • Target audience : IV year B.D.S. Students consumer protection act

  3. General objective – at the end of the session the learner should know about Consumer protection Act • Secondary objective – the students should be able to describe • Who is Liable/Against whom can a complaint can be filed • Who is not Liable/Exempted • Structure of consumer redressal forum/commission • Allegations most frequently appear in complaints consumer protection act

  4. Consumer Protection Act CPA/COPRA

  5. INTRODUCTION • The Doctor patient relationship in our country has undergone a sea change in the last decades after the introduction of Consumer Protection Act. consumer protection act

  6. Structure of Consumer protection act deal with consumer grievances like • Deficiency in service • Defects in goods • Unfair trade practice. consumer protection act

  7. CONSUMER PROTECTION ACT-1986 • Came into force on l5th April 1987, is a milestone in history of socioeconomic legislation. • Medical services were brought under Consumer Protection Act of 1986. Consumer Protection Act

  8. Thereafter- a new horizon has been added to the history of healthcare system. • Act has been amended in 1993 & in 2OO2 both to extend its coverage & scope & to enhance powers of redressal machinery. consumer protection act

  9. OBJECTIVE • To provide “Better protection” to consumers. • The provisions of the Act are compensatoryin nature • To provide simple, Speedyinexpensive redressal of consumers grievances, Relief, compensation wherever appropriate to consumer. consumer protection act

  10. “SERVICE” • Services rendered to a patient by way of consultation, diagnosis and treatment- medical or surgical- would fall within the ambit of “SERVICE” defined in section 2(1) (0) of the CP act. consumer protection act

  11. "COMPLAINT” • Means any allegation in writing made by a complainant i.e. patient, that he or she has suffered loss /damage as a result of any deficiency in service. consumer protection act

  12. “DEFICIENCY IN SERVICE”: • Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. • Due to this the patient must have suffered in any manner. consumer protection act

  13. WHO CAN SUE THE DOCTOR UNDER CPA? • Patient himself. • Registered consumer organizations. • State or Central Government. • The Legal heir / legal representative. Consumer Protection Act

  14. WHO IS LIABLE ? AGAINST WHOM CAN COMPLAINT BE FILED? • All medical practitioners (medical, dental, others) • All private or trust hospitals, polyclinics • Government hospitals and doctors • Laboratories, X-ray clinic • Nurses and paramedical staff • Medical stores, pharmaceutical company Consumer Protection Act

  15. WHO ARE NOT LIABLE/ EXEMPTED? • Free service – Free service in a hospital; offering paid service to others is not exempted. • Contract of service – vicarious liability. • Government doctors working in free hospitals. • Free non government hospitals and doctors are exempted. • Emergency care in interest of patient is exempted. Consumer Protection Act

  16. CONSUMER COURTS consumer protection act

  17. In India under the CPA 1986 – 3 tier redressal mechanisms: • District Consumer Disputes Redressal Forum (DCDRI) • State Consumer Disputes Redressal Commission (SCDRC) • National Consumer Disputes Redressal Commission (NCDRC). consumer protection act

  18. District forum • Established by the State Government for each District • Headed by President and two members • Presently 569 district forum are functioning consumer protection act

  19. Jurisdiction • Original Jurisdiction upto 20 lakhs. • Territorial where the cause of action arose. consumer protection act

  20. State commission • Established by State Government • Headed by President and two members • Presently there are 32 state commissions are functioning in country. consumer protection act

  21. Jurisdiction • Original Jurisdiction over 20 lakhs upto one crore. • Appellate authority over state commission. consumer protection act

  22. National commission • Established by Central Government located in New Delhi • Headed by President and Five Members. consumer protection act

  23. Jurisdiction • Original jurisdiction 1 crore or more than 1 crore. • Appellate jurisdiction over state commission consumer protection act

  24. Powers of redressal forums • Summoning witness and examine them on oath. • Discovery and produce any document as evidence. • Issuing of any commission for the examination of any witness. • Report of the concerned analysis or test from the appropriate laboratory or from any other relevant source. consumer protection act

  25. Common allegations inDentistry • Slipping instruments • Broken needles • Root left in the socket without the knowledge of the patient. • Extraction of wrong tooth or lack of consent. • Flying fragments entering the respiratory passages. Consumer Protection Act

  26. Injury in fitting or ill fitting plates and dentures. • Infection from use of unsterile instruments. • Fracture and dislocations of jaw occurring during dental procedures. • Failure to fulfill duty to advice patients of injury or condition such as fragment of broken needle and root or tooth remaining in tissues • Death from anesthetic. consumer protection act

  27. SUMMARY consumer protection act

  28. SUPREME COURT (Final Report) Original jurisdiction 1 crore or more Appellate jurisdiction over state commission NATIONAL COMMISSION Original jurisdiction over 20 lakhs to 1 crore Appellate jurisdiction over District forum STATE COMMISSION Original jurisdiction upto 20 lakhs DISTRICT FORUM consumer protection act

  29. BIBLIOGRAPHY 1)Acharaya.A.B, J.K. Savitha, Nadagoudar. Suresh. Professional negligence in dental practice : potential for civil and criminal liability in India. Journal of Forensic Dental sciences. Jan – Jun 2009, vol1, issue 1. 2)Consumer Protection Act and the Medical Profession. N.Satyanarayana, G. VijayaKumar 3)Consumer protection act. published in the official gazette n. 96/2003 on 10th june 2003. Consumer Protection Act

  30. 4)Essentials of Preventive and Community Dentistry 2nd editio,nSoben Peter.pg 803-811. 5)Text book of preventive and community dentistry 1st edition, S.S.Hiremath. Consumer Protection Act

  31. THANK YOU consumer protection act

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