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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.

2. 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.

3. 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 negligenceThe 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
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