Patient as a consumer and his rights..

FOLLOWING ARE THE RIGHTS OF CONSUMER:
*Right to be protected from hazardous goods and services
*Right to be informed about the quality and performance of goods and services
*Rights to free choice of goods and services
*Right to be heard in decision making process concerning consumer interests
*Right to redressal if consumer rights are infringed
*Right to consumer education

THE PATIENT AS A CONSUMER

Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.

WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.

THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.

2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.

3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.

4. You have a right to complete confidentiality regarding your illness.

5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.

6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.

7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.

8. You have a right to get your case papers upon request.

A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.

2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.

3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.

4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.

5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.

6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.

7. After treatment clarify all doubts regarding bills/payments etc before discharge.

8. Involve your family physician in the discussion with the specialist doctor.

9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.

10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.

11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.

CPA AND MEDICAL NEGLIGENCE
The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA. Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.

CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS
1. Name and Address of the complainant in full.

2. Name and Address of the opposite parties.

3. When and where cause of the complaint arose

4. Particulars of the complaint in detail along with supporting documents as exhibits.

5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.

6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.

INSTRUCTIONS
1. The relief claimed by you should be in clear word.

2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.

3. The complaint should not be on a post card.

4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.

5. The complaint can be sent by post.

6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.

Do not pay more than MRP for packaged goods

The purpose of this post is to make you aware about the law relating to maximum retail price (MRP) on packaged goods.I had put in a RTI (Right to Information ) application to Controller of Legal Metrology,Maharashtra State and requested for the information relating to various laws regarding MRP violation cases we face in day to day’s life.

If anyone needs the original application which I made as well as the scanned copy of the reply I have received from Legal Metrology department,please email me on chinmay@gavankars.com.

1.It has been observed by many of us that many small shops in our locality always charge more money for essential things like milk, mineral water than the printed MRP. If you try to argue with them, then they say that extra one rupee or so is for “cooling charges” for milk or water as the case may be.

Friends, this is fraud and a big offence under the weights and measures law. Charging more than MRP on item like packaged drinking water is an offence under rule 23 (2) of the standards of weights and measures (Packaged Commodities )Rules-1977.The maximum punishment for the same is fine which may extend to Rs 2000 per responsible person.

So next time your local kirana shop guy asks you one rupee more for a milk bag than printed MRP,Tell him that in the greed of earning that one rupee extra,he may face punishment of Rs 2000!!!

2.Also one more problem consumers face is in multiplexes,malls and at places like airports.Typically you will find shops in these places selling items like soft drinks,water,biscuits etc at huge premium than printed MRP.Some smart shops paste new MRP sticker on printed price to show that they are selling at MRP only.

This is again an offence.A manufacturer can print different MRP for certain stock to be sold through select channels like airports and if you observe closely,such items are printed with MRP more than normal but with a clear message that “for retail through select channels only”.

To make my point clear,for example:Parle Agro as manufacturer of Bisleri can produce two different batches of mineral water bottles:A and B

• Batch A has say 1000 bottles with printed MRP Rs 15 and are sent to local shops/retail stores
• Batch B has say 1000 bottles with printed MRP of Rs 40 and a message “for retail through select channels only”

Now on airport/multiplex, it is perfectly legal to sell a bottle from above batch B at Rs 40 as the taxes have been paid to government on that Rs 40.However the same shop can not sell a bottle from Batch A at Rs 40 ….He has to sell specific bottles MADE FOR THAT CHANNEL.

So friends,please be alert consumer and do not pay more than MRP.In case you find anyone charging more that MRP,please call immediately office of the controller of legal metrology in Maharashtra on 022-22886666.Your complaint will be taken down and you will receive a complaint number for further reference.It works and I have been doing that till date.I always get a complete follow up from that office and actions have been taken on shop owners.