Aa
A
A
A
Close
Medical Ethics Community
77 Members
Avatar universal

Why?


Medical neglect cases top consumer forum backlog
There are more than 3.5 lakh consumer cases pending before state commissions and various district forums.
RELATED
Adivasi rally chokes KolkataMusical treat for KolkataMammootty shoots in Kolkata!Fun at the National festival of classical musicSnatchers target women in Kolkata
NEW DELHI: Cases of medical negligence and disputes with builders constitute the highest number of cases out of 3.5 lakh that are pending before consumer dispute forums across the country - indicating an increasing trend of unethical practices and harassment of consumers due to lack of regulators in the two sectors.

To bring relief to aggrieved parties, National Consumer Disputes Redressal Commission (NCDRC) president Justice DK Jain has commissioned a study to analyze and bring down the pendency.

There are more than 3.5 lakh consumer cases pending before state commissions and various district forums. As of October this year, more than 10,000 cases were pending before the national commission alone, many of which were those where compensation sought was Rs 1 crore and more. The pendency in district forums was 2.5 lakh and those before state commissions around 90,000.

These cases have nothing to do with pendency in courts which stand at around 3.2 crore across the country in subordinate courts, high courts and the Supreme Court.

Justice Jain, a former law commission chairman and a retired SC judge, told TOI that his team was analyzing the pendency so that ways to reduce it could be found. "Cases of medical negligence and disputes with builders constitute the maximum number of cases," Justice Jain said.

Consumer forums or district courts handle consumer cases where compensation sought is up to Rs 20 lakh. State commissions handle cases where compensation demand ranges between Rs 20 lakh and Rs 1 crore. Cases where compensation sought is above Rs 1 crore is filed before the NCDRC.

In a recent case, where the apex court had asked a Kolkata hospital to pay an NRI a compensation of Rs 5.96 crore for medical negligence causing the death of his wife was earlier adjudicated by the NCDRC which had ordered that the NRI be paid Rs 2 crore.
9 Responses
Avatar universal
Source of the above.

http://timesofindia.indiatimes.com/india/Medical-neglect-cases-top-consumer-forum-backlog/articleshow/26440057.cms
Avatar universal
Does the condition concern any one here?
Avatar universal
In October Dr Saha had won the case of medical negligence, with the Supreme Court enhancing the compensation paid to him from Rs 1.73 crore to Rs 5.96 crore, the highest damage ever paid in such a case in India

http://timesofindia.indiatimes.com/city/delhi/Two-former-SC-officials-jailed-in-bribery-case/articleshow/26810286.cms
Avatar universal
http://issuesinmedicalethics.org/153oa116.html

Abstract

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. After the Consumer Protection Act, 1986, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical service, and have claimed and received compensation. As a result, a number of legal decisions have been made on what constitutes negligence and what is required to prove it.
Avatar universal
What has caused to neglect this topic so far?
Avatar universal
Possibly no one commented because it's kind of a "news article" than a personal question or problem.

Maybe because it's a story from India?  (not sure if that's the reason).
I'd assume most of this forum's users are from U.S. or "nearby countries."

Though I doubt the statistics cited in your post are much different in the U.S. or many developed nations.

Part of the problem (as least in U.S.) is doctors are treated like gods.  Their national organization & lobby group (AMA - Amer. Medical Assoc.) has an extremely wealthy, powerful lobby that influences national & state laws, policies on physicians & medical practices.  So they get cut a lot of slack.
Avatar universal
Thanks

http://preventdisease.com/news/15/010715_Doctors-Confessing-To-Intentionally-Diagnosing-Healthy-People-With-Cancer.shtml?utm_source=Copy+of+010615&utm_campaign=010715&utm_medium=email
Avatar universal
http://preventdisease.com/news/15/010715_Doctors-Confessing-To-Intentionally-Diagnosing-Healthy-People-With-Cancer.shtml?utm_source=Copy+of+010615&utm_campaign=010715&utm_medium=email
144586 tn?1284669764
I don't believe doctor's are "treated like gods" in the U.S.A.

As for myself I get excellent care at the VA, and have worked in many hospitals and the amount of negligence I have encountered is minimal.

In recent years protocols in hospitals have become standardized, and a person with a heart problem is treated pretty much the same no matter where they go.

There are problems with the AMA, and I am not going to defend them, however by and large they have been a healthy influence on the practice of medicine.

As for any doctor "intentionally" diagnosing a healthy person with a disease they don't have, I believe that is nonsense. I cannot concieve of that happening.
Have an Answer?
Didn't find the answer you were looking for?
Ask a question
Popular Resources
In You Can Prevent a Stroke, Dr. Joshua Yamamoto and Dr. Kristin Thomas help us understand what we can do to prevent a stroke.
Smoking substitute may not provide such a healthy swap, after all.
How to lower your heart attack risk.
Trying to lose weight? Grab a snack that works with your diet, not against it. Check out these delicious, slimming foods.
Trying to lose weight? Grab a snack that works with your diet, not against it. Check out these delicious, slimming foods.
How eating more salt may actually save your life.