Medicos Legal Action Group (MLAG), a Chandigarh based association of practicing doctors in the private sector, wanted the Union government to introduce a Medical Injury Compensation Bill (MICB) in Parliament exclusively for handling cases of medical negligence by doctors and remove them from the ambit of Consumer Protection Act (CPA).

The association has handed over a memorandum in this regard to the prime minister, minister of law & justice and to the minister of health & family welfare. Copies of the demand have been sent to all the ministries and members of Parliament.

While stressing the need to establish such a Bill, the doctors group argued that the Supreme Court granted stay on applicability of CPA on lawyers in 2009. Ever since, the consumer protection act was introduced, nearly 3 decades ago, it has been used to prosecute medical professionals for errors causing damages to patients under their care. What was a trickle in 1990s has turned into a deluge in the past few years, commented the members of MLAG.

A supreme court judgment made it clear that only outright cases of medical negligence like amputation of wrong limb, leaving swab or clamp in body, giving wrong anesthetic gases would be covered under consumer protection act. Cases which required evidence of experts are not to be covered under CPA.

According to Dr Neeraj Nagpal, the MICB should cover all aspects of compensation and punishment in cases of medical error and injury thereof. It should cover criminal negligence as defined in Jacob Mathew v/s State of Punjab and Martin F Dsouza v/s Mohammad Ishfaq judgments. The Bill should over ride all other laws currently in place. Multiple avenues of litigation should be barred. All litigations on this issue should come under this Act. Currently doctors who are accused are being prosecuted by different agencies like MCI, consumer courts, criminal courts and recently the clinical establishment act (CEA) for same issue. This leads to 3 to 4 different places where a doctor keeps attending on different dates trying to defend a single case of alleged medical negligence. Besides, if a medical board is formed, the doctor has to appear before the board also. The legal process before 3 to 5 different courts, fora, boards and commissions is a rigorous punishment for a practicing doctor than a two month imprisonment or suspension of registration.

The memorandum also demands for fixing a cap on maximum compensation that can be awarded in case of medical error and injury. But, it could be based on the fee charged for treatment. Further, there should be a mechanism for penalising complainants for frivolous complaint.  Provision should be there for stringent penalty for those who indulge in violence and damage to property of medical institutions and personnel following incidences of alleged medical negligence.