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2nd Set of
Assignments
Consumer Laws and
Medical Profession
Total Marks-150
Answer the following questions.
All questions carry equal marks
1. Discuss the scope, coverage & meaning of the Consumer dispute.
Answer : Meaning of Consumer dispute
Consumer dispute means dispute
where the person against whom a complaint has been made, denies or disputes the
allegation contained in the complaint.
Scope of Consumer dispute:
Intertwined with the purpose of a
scheme is the scope of a scheme. The scope of a scheme is generally defined by
two factors:
·
The classification of consumer complaints; and
·
The monetary claims limit or cap.
A scheme needs to clearly state
which consumer complaints may be considered by the scheme and the amounts of
money that complaints lodged with the scheme may be about.
2. What is meant by ‘deficiency in service’? Elaborate on the nature of
relief available under CPA.
Answer : Consumer Protection Act
One of the most important
milestones in the consumer movement in the country has been the enactment of
the above act. This act was necessitated because the well organized sectors of
manufacturers, traders and service providers, armed with the knowledge of the
market and manipulative skills, often attempted to exploit the consumers,
despite the existence of provisions in different laws protecting their
interests. Increase in population resulted in enormous pendency and delay in
disposal of cases in the Civil Courts. Consumer Protection Act is one of the
most progressive and comprehensive pieces of legislation and its an umbrella
legislation covering all goods and services. An act to provide for better
protection of the interests of consumers and for that purpose to make provision
for the establishment of consumer councils and other authorities for the
settlement of consumer disputes and for matters connected therewith. The Act
provides for a separate three tier quasi – judicial consumer dispute redressal
machinery at the National, State and District levels and is intended to provide
simple, speedy and inexpensive redressal for consumer grievances.
3. Elaborate on ‘Consumer Jurisdiction of Medical Negligence related
Cases’ with specific reference to IMA v. V.P.Shanta and Martin F. D’Souza’s
case.
Answer : It is important to know
what constitutes medical negligence. A doctor owes certain duties to the
patient who consults him for illness. A deficiency in this duty results in
negligence. A basic knowledge of how medical negligence is adjudicated in the
various judicial courts of India will help a doctor to practice his profession
without undue worry about facing litigation for alleged medical negligence.
Who can file a complaint?
A consumer or any recognized consumer
association, i.e., voluntary consumer association registered under the
Companies Act, 1956 or any other law for the time being in force, whether the
consumer is a member of such association or not, or the central or state
government.
4. Do you think Consumer Forum has to be careful against vexatious and
speculative complaints especially against doctors and hospitals? If so, why?
Answer : Yes wrong decisions on
such complaints may spoil careers of efficient doctors. The object of law is to
bring peace and harmony in the society and to minimise disputes and litigation.
All courts strive to achieve this object. Therefore, the courts are cautious
against frivolous cases.
A person who does not have
knowledge of a particular system of medicine but practices in that system is a
quack. Where a person is guilty of negligence per se, no further proof is
needed.
For establishing negligence in
diagnosis or treatment on the part of a doctor, the test is whether he/she has
been proved to be guilty of such failure as no doctor of ordinary skill could
be guilty of it, acting with reasonable care.
5. Write briefly about any three of the following:
a) Duties of a Doctor and Degrees of care
Answer : The duties of a doctor
registered with the General Medical Council
Patients must be able to trust
doctors with their lives and health. To
justify that trust you must show respect for human life and make sure your
practice meets the standards expected of you in four domains.
Knowledge, skills and performance
·
Make the care of your patient your first
concern.
·
Provide a good standard of practice and care.
·
Keep your professional knowledge and skills up
to date.
·
Recognise and work within the limits of your competence.
Safety and quality
·
Take prompt action if you think that patient
safety, dignity or comfort is being compromised.
·
Protect and promote the health of patients and
b) Legal and Ethical issues involved in medical practice
Answer : Rapid developments in
the medical field in the last century have revolutionized the field of medical
practice. It is now possible to diagnose diseases faster and more accurately
using advanced diagnostic techniques. Medical management has become more effective
with refined medications having more specific actions and fewer side effects.
Surgical treatment has moved towards less invasive modes of management with
lesser morbidity and faster recovery. Among all these developments, the medical
profession in India is at crossroads facing many ethical and legal challenges
in the practice of the profession. The medical fraternity is becoming more and
more dependent on technology and market forces tend to influence decision
making by the doctors. The fundamental values of medicine insist that the
doctor's obligation is to keep the patients interest above everything else. The
c) Role of expert opinion in adjudication medical negligence related
cases
Answer : Our system of
adjudicating medical malpractice cases is often called "the battle of the
experts." Each side finds an expert to support its view of the case. With
respect to the emergency physician, testimony should be supported by emergency
medicine literature. Often, however, opinions are divided.
One example is the use of TPA for
acute ischemic stroke. In the case of TPA, it would seem that there is no
established standard of care. Medical expert laws can change this, however,
because they allow experts from other specialties, such as
d) Settled Legal Principles applicable to medical negligence
Answer : Settled legal principles applicable to medical negligence-
The word negligence may be
defined as a breach of duty caused by the omission to do something, which a
reasonable man guided by those considerations which ordinarily regulate the
conduct of human affairs would do or doing something which a prudent and
reasonable man would not do. In an action for negligence, the plaintiff has to
prove the following essentials –
1. That the defendant owed a duty
of care to the plaintiff.
2. That the defendant made a
breach of such duty.
3. That the plaintiffs suffered
damage as a consequence thereof.
The plaintiff has to establish
that the defendant owed to him a specific legal duty to take care which he has
made a breach.
Dear
students get fully solved assignments
Send
your semester & Specialization name to our mail id :
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or
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