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
Consent - Do's & Don'ts
A doctor has to seek and secure the consent of the patient before commencing a treatment. Informed consent involves more than obtaining signatures on consent forms. A balance should be achieved between the need for disclosing necessary and adequate information and at the same time avoid the possibility of the patient being deterred from agreeing to a necessary treatment or offering to undergo an unnecessary treatment.
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