IMPACT OF 2002 AMENDMENTS TO CONSUMER PROTECTION ACT, 1986: A RETROSPECTIVE STUDY IN CASES OF MEDICAL NEGLIGENCE
Journal Title: International Journal of Ayurveda & Alternative Medicine - Year 2016, Vol 4, Issue 2
Abstract
ABSTRACT: Barapatre N.B., Joglekar V.P., Impact Of 2002 Amendments to Consumer Protection Act, 1986: A Retrospective Study in Cases of Medical Negligence, Int. J. Ayu. Alt. Med., 2016; 4(2):85-95 eISSN-2348-0173 pISSN-2395-3985 The Doctor-Patient relationship has changed tremendously after formulation of Consumer Protection Act in 1986. Now, doctor is considered as service provider only, providing the services of healthcare. So, there has been great rise in the complaints of medical negligence. The Act was amended in 2002, enforcing many important changes and various new provisions. Therefore, these amendments were needed to be studied by the medical personnel. For that purpose, this retrospective study was conducted to find impact of 2002 amendments to CPA1986 in the cases of medical negligence under Wardha District Consumer Forum. The judgments of Medico-legal Cases admitted in Wardha Forum were downloaded from www.confonet.nic.in. Then personal visits were made for verification of online records. Visits were made to State Commission (Mumbai) and Circuit Bench (Nagpur) as well for information about Appeals. The Medicolegal cases were divided into 2 groups i.e. before amendments (13 cases) and after amendments (30 cases). The Medico-legal Cases were critically studied and observations were made by comparing the cases in two groups. All observed data was subjected to frequency analysis and descriptive statistics in order to compare the two groups. Also, cases were analyzed qualitatively for case history, remarks and results. The nature of negligence alleged, defense offered and verdict delivered accordingly was noted. The study showed that the 2002 amendments have made a noteworthy impact to the Consumer Protection Act in cases of Medical Negligence at Wardha Forum, though the impact has been to a variable extent for the different provisions of the Act.
Authors and Affiliations
Nishant Barapatre, Vishnu Joglekar
Keywords
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