Chapter 6: Consumer Protection Act and Medical Profession

Consumer Protection Act

On November 13, 1995, Supreme Court upheld that medical services are covered under this act.

user of goods

Any ________ or beneficiary service has also a legal right and locus standi to initiate action under the Act.

Negligent Act

An erring doctor should be accountable for his or her ________.

Consumer Protection Act

commonly known as COPRA or CPA

redressal forum

A patient (consumer) can make a complaint to a ______ in respect of defective service if the service has been paid for.

negligent

Defective in the context of a doctor’s service means _____.

Deficiency

It means fault, imperfection, shortcoming, or inadequacy in quality, nature, and manner of performance of medical service rendered by a hospital and/or member of the medical profession.

statute

The _____ has been enacted to provide for better protection of the interests of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and matters connected therewith.

complaint

The ____ is to be lodged before a duly constituted redressal forum for easy disposal of cases instead of following the ordinary course of law which takes much time and is much more expensive for a poor consumer to get justice.

Consumer

Any person who buys any goods against consideration or hires or avails any services for consideration, which has been paid or partly paid or promised to be paid.

service

The services rendered to a patient by a medical practitioner/ hospital by way of diagnosis and treatment both medical or surgical, would not come within the meaning of ‘______’.

consumer

A patient who has undergone treatment by a medical practitioner/or hospital by way of diagnosis and treatment, both medical/and surgical, cannot be considered to be a ‘_____’.

Complaint

any allegation in writing made by a complainant.

District Level

A claim for compensation towards damages is fixed to a maximum of Rs 1 lakh at the start which has been enhanced subsequently to Rs 5 lakhs.

State Level

It is where compensation is claimed for more than Rs 5 to 20 lakhs, and the complaint should be lodged before the State Commission/State Consumer Dispute Redressal Commission.

National Level

When the compensation claimed is more than 20 lakhs; the complaint has to be lodged before the national body.