Unhealthy Growth

The number of medical negligence cases being filed in consumer courts is increasing every year, according to figures available with the State Commission. 

In 2015, while medical cases accounted for eight per cent of the total cases filed at the State Commission and was the third most filed category of cases, in 2016, the percentage rose to 12 per cent. Talking to DT Next , A Paramaraj, Registrar, State Commission, said that there has been a steady rise over the years. “From high-end speciality hospitals to nursing homes, no one is spared in these cases. This is largely due to the awareness among the public. In Chennai city especially, with higher literacy rate and more consumer awareness, the numbers are higher than in the districts.” 

He adds that even within Chennai, the differences can be seen. “We see more cases from the South Chennai region when compared to the North of the city,” he says. A simplified procedure of merely sending a written complaint to the Commission has encouraged many to come forward. 

Medical negligence cases comprise a broad variety of complaints--- from practical difficulties undergone by the complainant to botched-up procedures. Dr B Cheran, Medilaw expert, explains, “It could be a complaint like, ‘I wasn’t provided a wheelchair to the room’ to procedural errors in the treatment.” He adds that the reported rise is due to high expectations from the patient fraternity. “With medical advancements and high cost of treatment incurred, there are very high expectations from the patient’s end. When they spend as much as Rs 2 lakh for a treatment, they feel cheated when it doesn’t yield desired results. Earlier, it was about only effective treatment, now that has extended to other things including comfort,” he points out.

Mahendrakumar Bajpai, advocate, Supreme Court, who has been associated with the Institute of Medicine and Law, attributes the rise to increasing mistrust between patients and doctors, easy procedure of filing cases at consumer courts, apart from other factors like commercialisation of medicine and ‘Dr’ Google. He says, “The rise is multi-factorial, from low charges at consumer courts to pervasive technology that has made us all internet doctors. This is not to say doctors are never at fault—a section of them want to make quick money. Moreover, we have low court charges and minimal lawyer’s fees for fighting these cases, so people want to take a chance. However, for the doctors, such cases can damage their reputation beyond repair.” 

He adds that with lack of proper documentation that is still a problem with many hospitals, doctors have a lot of work to defend in such cases. 

Patients at the receiving end 

Dr JA Jayalal, state president elect, Indian Medical Association, points out to the role of lawyers. “It is because advocates encourage the patients to file cases. But a huge percentage of the cases are ruled in favour of the doctors. At the district level, the cases go against doctors because the jury is not equipped to make an informed judgment. However, at the state forum, the doctors win the case,” he says. 

S Saroja, director, Consumer Advisory and Outreach, CAG (Citizen Consumer and Civic Action Group) says that though the system is in favour of patients, in case of medical negligence cases, given that it is a specialised field, they need the help of lawyers. “When the court expects some paper work and citation, a layperson cannot produce them without a lawyer and everyone cannot afford one,” she says. 

She adds that though procedures are said to be simple, there is a need for further simplification to help more consumers assert their rights. Dr Jayalal adds that the IMA has been seeking a medical tribunal for a long time now. “In the case of a tribunal, doctors may also stand to lose the cases, but at least it will be an informed decision. With a dedicated tribunal, people will benefit.”