Medical profession under the garb of CPA – A decade's reviewal

On 13^th Nov. 1995, Hon'ble Supreme Court gave a verdict wherein medical profession was put under ambit of CPA, apart from existing provisions under IPC i.e. Sections 304-A & 337/338 IPC. This judgement revolutionized the whole concept of Doctor-patient relationship. In India, where doctors were presumed as demigod, this judgement made them equitable with ‘seller’ or ‘shopkeeper’. Gradually, there occurred an upsurge of cases against doctors & many-a-time even unmindful registration due to political intervention. The crispy reaction of the media has been instrumental in adding fuel to the fire against doctors. Ultimately it caused not only flight of young talent from medical field but also a huge dent on psyche of even much experienced medical professionals. In due course of time, the doctors were left to resort to the ‘defensive medicine approach’. which further escalated the treatment cost.

Although, the recent amendment (2002) in CPA which was brought into force on 15^th March (World Consumer Rights Day) gave some relief to doctors, the deliverance for the time being came through the landmark judgement of the Apex Court pronounced on 4^th August, 2004; projected by a leading ‘daily’ under the head “SC lets doctors off the hook”. Though the judgement is under review at present, its impact is perceivable amongst medical fraternity. The recent amendment in CPA along with remedial steps which can be & are being taken to fill this Doctor … … … …. Patient gap like “Preliminary Scrutiny by Experts” are being presented.