Study to Analyse Pattern of Consumer Protection Act Cases Referred to PGIMER for Expert Opinion

The Consumer Protection Act 1986 (CPA) was a milestone in the history of consumer movement in India, drafted to prevent exploitation of consumers. The Hon'ble Supreme Court delivered a land mark judgment to bring the medical services under this Act which created flutter amongst medical fraternity. In relation to health care, doctors were to be held responsible whenever there was a breach of duty. The Apex Court subsequently in another judgment provided some relief by ordering that matter must be first referred to a board of doctors to establish prima facie. This resulted in a large number of cases from the region being referred to PGIMER, Chandigarh for expert opinion.

The study was conducted at PGIMER, Chandigarh to analyze the CPA cases referred for expert opinion.

It was a retrospective study where the files of CPA cases referred to PGI for expert opinion between November 2009 to December 2010 were retrieved and extensively analyzed.

Total numbers of 51 cases were referred to the PGIMER to seek expert opinion. Maximum cases were referred from the state of Punjab (90%) and belonged to the age group of 15 to 40 (40%), and had been referred from the district consumer forum (about 80%). In almost 60% cases, the alleged negligence was related to some surgical procedure. Eighty percent (80%) were against private hospitals. Amongst the speciality involved Orthopedics ranked highest (approx. 30%) and Gynae. & Obstt. and General Surgery being the other two (20% each). Repeat surgery (35%) was the most common result of negligence. Regarding opinion of the expert committee, 70% were given in the favour of treating doctors/hospitals, in 30% cases no decision could be given due to incomplete documentation. None of the decisions was against any doctor or hospital.

The era of information technology, increased awareness, fading trust and respect, intolerance and tendency of taking law in hand is gradually turning India into a law driven society. It is better to treat safe rather than to play safe. To avoid CPA cases we need meticulous documentation, proper maintenance of medical records, well informed consent, practicing evidence based medicine, effective communication, ensuring patient safety, accountability, transparency, and prompt grievances redressal mechanism. Surgeons, particularly in private set up need to be more alert since it emerged that most common negligence was related to some surgical procedure carried out in private hospital.