A Comparative Analysis of Doctors and Lawyers as Professional in relation to inclusion of their services in the ambit of CP Act
There was not a whisper in the statement of objects and reasons either of the CP Act, 1986 or 2019 to include the Professions or the Services provided by the Professionals like Advocates, Doctors etc. within the purview of the Act. It is very well accepted proposition of the fact that Professionals could not be called Businessmen or Traders, nor Clients or Patients be called Consumers. It is also required to be borne in mind that the terms ‘business’ or ‘trade’ having a commercial aspect involved, could not be used interchangeably with the term ‘Profession’ which normally would involve some branch of learning or science. Profession as such would require knowledge of an advanced type in a given field of learning or science, or learning gained by a prolonged course of specialized study.Medical community feels that the broad submissions made by the learned Senior Counsels in the case related to inclusion of legal services in the ambit of Consumer Protection Act apply to doctors too. We have tried to compare submissions made by counsels of lawyers in the case with the views of medical community
The Unintended Consequences of Including Healthcare Services in Consumer Protection Laws
The inclusion of healthcare services within the ambit of consumer protection laws has ushered in unintended consequences, fundamentally altering the landscape of healthcare delivery. Here are some key reasons why this approach has proved to be counterproductive for society. The inclusion of healthcare services into consumer protection laws has yielded adverse effects, undermining access to quality care, jeopardizing the livelihoods of healthcare professionals, and diverting attention from addressing systemic inefficiencies. As we navigate the complexities of healthcare regulation, a balanced approach that prioritizes accountability while safeguarding the integrity of healthcare delivery is imperative.
The Struggles of Small and Medium-Sized Hospitals in India: An Existential Crisis
The future for small and medium-sized hospitals in India appears bleak. With mounting challenges from all directions, it's only a matter of time before even in smaller towns, these small centers are replaced by large corporate hospitals. The implications of this shift could be far-reaching, leading to reduced access to affordable healthcare for many and the erosion of community-based medical services.
Professional Indemnity for doctors & Hospitals
Professional indemnity is a necessary evil. It indemnifies the doctor / hospital from the financial loss, in case of adverse outcomes in consumer court. It is advisable to select the right insurer and an adequate sum insured. Over the years, the doctors / hospitals have been exploited by the public, advocates as well as the insurance companies. Innovative reforms are need of the day. The professional bodies need to make collective and sincere efforts in this direction, so that the medical practice continues to be the vocation of choice for the bright practitioners of the next generation re-establishing the lost glory of this noble profession.
Beyond Medical Knowledge: Essentials for Effective Medical Practice
Medical knowledge is the cornerstone of effective healthcare, but it is not a panacea for the multifaceted challenges of running a successful medical practice in India. By cultivating a diverse skill set encompassing interpersonal abilities, business acumen, financial management, human resource strategies, legal and ethical compliance, and a commitment to continuous learning, healthcare professionals can navigate the complexities of the medical landscape with confidence and professionalism. Only by embracing a holistic approach can we elevate the quality of care, ensure operational efficiency, and ultimately contribute to the well-being of the communities we serve.
The Cleanup of the System Through Action Against Baba Ramdev: A Step Towards Accountability
The hope is that actions taken against Baba Ramdev and Patanjali will extend control over all who exploit the health of vulnerable populations under the pretext of religious sentiments. Attempts by Baba's supporters to divert attention into an Ayurveda versus modern medicine debate are utterly condemnable and unjustifiable. No rational person would view it as a clash between two medical systems. Regardless of the medical approach, promoting unscientific remedies and baseless information is both unacceptable and illegal.
From Altar to Pedestal- A Critical Analysis of the Godly and Respectful Social Standing of Medical Professionals
The godly and respectful social standing of medical professionals is a reflection of their selfless dedication, expertise, and the trust they inspire in their patients. While challenges such as insults, violence, and legal consequences threaten this standing, they can be mitigated through collective efforts. By upholding the values of trustworthiness, compassion, and ethical conduct, medical professionals can continue to occupy the pedestal of respect they rightfully deserve. Society must recognize and appreciate their invaluable contributions, supporting them in their mission to heal, guide, and uplift humanity.
Upholding the Rights of Doctors: A Call for Justice and Protection
The rights of doctors are not merely aspirational but imperative for the well-being of society as a whole. Upholding these rights is not only a matter of justice but also a testament to our commitment to nurturing a healthcare system founded on respect, dignity, and fairness. It is time to stand in solidarity with those who dedicate their lives to healing and championing the cause of healthcare workers' rights.
Tort Reform needed to prevent misuse of provisions of CPA Act for medical negligence
In spite of the two landmark judgments by our Supreme Court and the State of Connecticut Law, the filing of frivolous cases continues in India. The Consumer Protection Act (CPA) has enabled easy, no-cost access to consumer courts that has led to the filing of frivolous medical negligence cases for lucrative compensation. The practitioners of modern medicine appear to be soft targets. Tort Reform is needed to prevent misuse of provisions of CPA Act for medical negligence.
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Professional Indemnity for doctors & Hospitals
22 Apr 2024 -
