A comparative analysis of services rendered by Doctors and Advocates to their clients in relation to Consumer Protection Act
In the recent case related to inclusion/exclusion of legal services within the purview of the CP Act it was observed by the Bench that the service rendered by the Advocates practicing Legal Profession could be said to be the Service under “a contract of personal service,” so as to exclude it from the definition of “Service” contemplated under the Act. Medical community feels that when same arguments are applied to doctors as medical professional their services may also be considered under the category of "Contract of personal service"
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 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.
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.
Medical Negligence: Major Takeaways from the National Medico-Legal Summit 2024
The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional regulation. A highly trained, qualified, and licensed medical practitioner requires the autonomy to deliver services aligned with their expertise. To achieve this, protection from frivolous, excessive, and harassing litigations, as well as ill-investigated judicial decisions in medical negligence cases, is essential. Unfortunately, frivolous negligence claims and misguided medical negligence judgments—often based on ill-applied legal fictions without substantial medical evidence—have eroded public trust in the medical profession. To restore this trust, it is crucial to recognize the doctrine of good faith, which relies on robust medico-judicial processes.
The Future of the Medical Profession in India: A Landscape Shaped by Innovation and Transformation
The Indian medical profession is poised for a period of significant transformation. This blog explores the future of this field, considering current legal frameworks, evolving technologies, and socio-economic factors.
IBS- Irritable Bowel Syndrome
आईबीएस (IBS) आंतों से जुड़ी एक ऐसी स्थिति है, जिसमें बार-बार पेट दर्द और मल त्याग करने की आदतों में बदलाव होता रहता है. इसमें आपको कभी दस्त (डायरिया) की शिकायत हो सकती है, तो कभी कब्ज हो सकती है. साथ ही पेट में गैस बनना, सूजन और बेचैनी भी महसूस हो सकती है.
Navigating the Crossroads: Balancing Business Models and Patient-Centricity in Indian Healthcare
India's healthcare system stands at a critical juncture, grappling with the tension between profit-driven models and the imperative to deliver patient-centered care. This article delves into the complexities of this landscape, analyzing the current structure, charging patterns, and the role of health insurance, while exploring recent legal developments and their potential implications. A Multifaceted System with Uneven Access: India's healthcare system is a blend of public and private sectors, resulting in significant regional disparities in accessibility, quality, and affordability. While the private sector dominates, offering diverse platforms like hospitals, clinics, and telemedicine, concerns persist regarding its prioritization of profit over equitable access and quality care.
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