The CPA & the Medico
NATIONAL JOURNAL OF HOMOEOPATHY 1993 Sep / Oct Vol II NO 5.
Dr Mangesh Jalgaonkar.

1. Definition:
CPA was enacted in 1986, to provide better protection of the interests of consumers and to promote and protect the rights of consumers such as -

1. Right to be protected against marketing of goods which are, hazardous to life and property.
2. Right to be informed about quality, quantity, potency, purity standard and cost to prevent unfair trade practices.
3. Right to access a variety of goods at competitive prices.
4. Right for consideration and hearing by appropriate forums.
5. Redressal against unfair trade practices or exploitation of consumer.
6. Right to consumer education.

Medical treatment and services provided by a doctor, are based on intellectual and professional calibre, knowledge and expertise of doctor and cannot be equated with any trade or selling of a commodity for a price.

Relationship between a doctor and his patient is of a very personal nature and not that of a buyer and a seller; nor can it be measured by any standard index.

1. Medical practitioners generally conduct themselves without any sense of fear of liability, against negligence and mal treatment.
2. CPA enables an easy way to vent grievance against treatment or conduct of a medical practitioner. This will create requisite sense of responsibility amongst doctors.
3. An ineffective medical council.

1. In a setup such as ours, where a private practitioner bears the major brunt of medical care, given to a population under varied circumstances, a nonbusiness approach is utilised to provide medical care and to promote a good will with the patient, in a highly competitive environment, which even includes quacks. Therefore, utmost care and competitive rates is an unspoken rule.
2. The CP forums do not necessarily include a medical person in its judiciary staff and therefore is not the right choice; neither is the staff necessarily trained in law and objectivity.
3. If the status of trade and consumer is applied to the medical profession, a doctor is liable to avert putting in extra effort and may refuse to handle a complicated or a serious case for fear of litigation.
4. Doctors will want to play safe and this will result in increased cost of medical care due to -
   1. Reliance on pathology.
   2. Multiple opinions from various specialists
   3. Excessive investigations to legally confirm a clinical diagnosis
   4. Increased charges to cover litigation and indemnity insurance.
5. Loss of humanity factor from this profession, depriving the patient of a professional approach, being replaced by a commercial approach.
6. The lack of uniform medical services and facilities available in various parts of cities, leave aside quality and lack of amenities and drugs in majority of places. How and on whom will the blame rest?
7. Medical treatment can be influenced by social, environmental and non compliance factors. How can one estimate these to fulfill the yardsticks of the Law?

1. Compulsory CME for specified period of time with renewal of medical licence certificate for practitioners.
2. To stop quackery.
3. Restrict medical practice to the field in which the practitioner is trained.
4. Measures to ensure uniform availability of medical facilities and trained staff.

Back