A pre-printed and fixed “Informed Consent Cum Undertaking” f
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The National Consumer Disputes Redressal Commission has held that a pre-printed and fixed ‘informed consent cum undertaking’ form used by hospitals is unfair and deceptive and would amount to unfair trade practice within the meaning of section 2(1)(r) of the Consumer Protection Act, 1986.

Facts of the case:

• 65 Y/M with some pain in the abdomen and related difficulties had rushed to Hospital 1, New Delhi.
• Due to financial difficulties, he approached Hospital 2 for further Tx. Doctor examined & advised surgery
• Later approached Hospital 2 again with c/o difficulties he faced after his surgery
• Doctor informed that a complication occurred & advised for natural healing

Patient's Allegation:

• He suffered negligent treatment, injury and complications because of OP-1 and OP-2
• And moved before the Consumer Commission seeking compensation of ?1,88,37,602/-.

Hospital's Defence:
• Doctors, however, resisted the complaint and denied the allegations.
• Patient had prior surgery of hernia and appendix with history of tuberculosis and acquired immune deficiency syndrome.

Commission Held:

• Found no medical negligence in this case, based on the entire medical record, the affidavits of the opposing parties and the expert opinion.

• However, the Commission noted that consent form, with blank spaces for limited select handwritten entries and for the signatures, was used by the hospital in this case.

• The Commission found this to be administrative arbitrariness and one-sided high handedness and noted that it was unfair and deceptive, on part of the hospital and imposed a cost of Rs. 10 lakh on the hospital for this reason.

Source: https://www.indialegallive.com/constitutional-law-news/courts-news/informed-consent-cum-undertaking-form-used-by-hospitals-is-amount-to-unfair-trade-practice-ncdrc
H●●●l S●●h and 3 others like this5 shares
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Dr. S●●●●●m S●●●●y P●●●●●l
Dr. S●●●●●m S●●●●y P●●●●●l General Medicine
This is extremely disappointing news. If no negligence has been found, there can certainly be NO grounds for compensation. It is hoped that counter claims for injury to reputation will be applied for., if not applied already.
Jul 10, 2020Like1
Dr. P●●a P●●●e
Dr. P●●a P●●●e Obstetrics and Gynaecology
How can they do like this.... very disappointing
Jul 10, 2020Like