The Supreme Court of India set aside a writ filed by the Indian Medical Association (IMA) in 1995 and decreed that the medical profession is a “service” that should be covered under The Consumer Protection Act, 1986. This implied that patients are to be considered as consumers of healthcare services. A lot of water has flown down the Ganga since then. Although malpractice still happens, thanks to the fact that medical services are now covered under The Consumer Protection Act, 1986, there is evidence that patients’ rights are better protected these days.

A landmark judgment

A huge leap for patients

In November 2012, a renowned cancer surgeon was asked to deposit a fine of Rs 50,000 with the metropolitan magistrate’s court in a case of “medical negligence.” This case makes for interesting reading, because it highlights the fact that the lack of a good ‘bedside manner’ in the doctor was perceived as a personal snub by the patient’s husband, and this slight caused him to pursue the matter doggedly through the labyrinthine Indian judicial system for many years. Ironically, in this case, the deceased was not even officially registered as the surgeon’s patient. Yet her husband hauled the surgeon to court and has been ‘patiently’ fighting this battle for over two decades, simply because he is upset that the surgeon allegedly did not attend to his wife in the operation theatre (where he was present as a bystander) and did not bother to meet the family after the surgery. Throughout the course of his fight, the patient’s husband has steadfastly maintained: “Had the doctor apologized or even shown some remorse, I would have forgiven him.”

Even though this may come across as an extreme example of a patient’s expectations from a doctor, the fact cannot be denied that a doctor’s job is ultra-sensitive and as health care providers, the buck stops with them. Further, as with the delivery of any service, doctors are accountable for deficient deliveries, especially since they are dealing with human life, where decisions once made are often irreversible. The demand for efficient and error-free service is therefore legally and morally justified in their case, especially as surgeons these days command a hefty premium for the services they render.

While busy doctors lament that they do not have enough time to look into individual complaints, patients are unhappy over how long they have to wait to see a doctor - and even when they do manage to get their chance, they are often very dissatisfied about the quality of the doctor’s communication, most of which goes over their head because it’s replete with medical jargon.

Medical negligence, defined

The apex court’s definition of patients’ rights

According to the Consumer Guidance Society of India, a patient under the Consumer Protection Act, 1986 has the right to be told about his illness and to have his medical records explained. In addition:

Patient advocates can help patients secure the rights they are legally entitled to in India.The following chapters will explain these rights in greater detail, and how a patient-advocate can help uphold them. Remember Tenzin Gyatso’s wise words, “ It is not enough to be compassionate. You must act”.