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  Medical Services And Consumer Protction In India
 

Medical Services And Consumer Protction In India

by By Renu Sobti

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  The enactment of the Consumer Protection Act, 1986 was a milestone in the history of socio economic legislations in India. The Act was passed to create awareness among the people regarding their legal rights as consumers and to protect them against unfair trade practices. The act was amended in 1991 and 1993 to extend its coverage and scope and to enhance the powers of the redressal machinery. The Act which aplies to all goods and services ( unless specifically exempted by the Central Government ) and covers all the sectors whether private, public or co-operative, enshrines, inter alia, the following rights of consumers : (a) right to be informed about the quality, quantity, potency, standard and price of goods or services, (c) right to be assured access to a variety of gods and services at competitive prices. The Act also envisages establishment of Consumer Protection Councils at the Central and State levels to provide a simple, speedy and inexpensive redressal of consumer grievances. The historic judgement of the National Consumer Disputes Redressal Commission ( National Commission ) in 1992 that medical services also constitute service under the Act, sparked off a country-wide controversy. Various high Courts and Sate Commissions held contradictory views on the issue. Finally, the controversy was laid to rest when the Supreme Count ( in the Indian Medical Association vs. V. P. Shantha case ) held in 1995 that medical services are covered under the consumer protection Act, 1986. The judgement of the Supreme court has wide implications for the parients as also for the doctors. Patients can expect improved quality of medical care, compensation in case of negligence, inexpensive and speedy justice involving simple procedures. Conversely, posibilities exist for defensive medical practices, increased cost of treatment, refusal to attend serious cases and general deterioration in the ` humane` relationship between the doctor and the patient. This study is related to the investigation of patients` perception of medical services in India. It also examines the implications of the application of consumer Protection Act, 1986 ( CPA) to the medical services and its fall our on patient doctor relatioship. Furthermore, the study evaluates the approach of the redressal agencies under the Act in deciding cases relating to deficiency in medical services. Contents 1. Consumer Protection and Medical Services in India : A Review 2. Studies on Medical Services : Global and Indian Experiences 3. Medical Services in India : Regulatory Measures 4. Patients` Perception of Medical Sevices in India 5. Grievance Redressal Under consumer Protection Act, 1986 6. Summary and Conslusions. ISBN: 81-7708-011-3
 


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