Munchausen Syndrome by Proxy: Factitious Disorder Imposed by Another
Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, present themselves as saviors of a vulnerable, supposedly ill person. They impose their perception of the illness on the patient, typically a relative or close associate, and publicly claim that even top medical professionals cannot diagnose or treat the condition properly. These individuals often exaggerate the patients’ symptoms and acquire extensive medical knowledge to support their claims.
Statutory interpretation of Consumer Protection Act 2019: Professions, Legal and Medical, are not and cannot be included in the Act
Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of ‘literal construction’ in the overall ‘context of scheme, scope and professed purpose’ of the Act, and applying various Rules of construction, the judiciary elucidates the likely intent of the Parliament. The principal aim of the judicial construction is the “Intent of the Parliament.” Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion.
Medical negligence is an offence that needs to be adjudicated per exemptions provisions.
The Hon’ble Supreme Court in its recent judgment has extensively reviewed earlier Judgments on medical negligence to highlight how the emerging jurisprudence, taking cognizance of exemption clauses in Indian Penal Code (now Bhartiya Nyaya Sanhita 2023) has virtually decriminalized medical negligence.
Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions
Causing bodily harm/injury is an offence. However, in medical/surgical treatment of a disease, injury being its inevitable consequence, though technically an offence of ‘harm’, ‘injury’, ‘grievous injury’ or ‘homicide’, is not considered an offence by itself. In what exceptional circumstances a medical act becomes an actionable offence, is the bone of contest.
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.