Leading voices from the medical profession, legal experts, academicians, policymakers, and consumer advocates deliberated on “Medical Negligence Cases – What are the Alternatives to Consumer Courts?” and suggested significant reforms to the current legal framework governing medical negligence cases in India
The 9th National Convention on Medicine & Law 2024 has suggested changes in the current laws in medical negligence. The Gujarat National Law University was a co-organiser of this year’s Convention, organised annually by the Institute of Medicine & Law. Leading voices from the medical profession, legal experts, academicians, policymakers, and consumer advocates deliberated on “Medical Negligence Cases – What are the Alternatives to Consumer Courts?” and suggested significant reforms to the current legal framework governing medical negligence cases in India.
Medical negligence cases in India are currently majorly adjudicated under the Consumer Protection Act (CPA) of 2019. While the CPA aims to provide a swift and accessible mechanism for consumers to seek redressal, its application to medical negligence has presented several challenges, including lengthy litigation processes, inconsistent compensation computation, a lack of medical expertise in adjudication, and strained doctor- patient relationships. This Convention was a forum to analyse the current state of affairs and to suggest critical changes.
The speakers dwelt at length on various innovative reforms, such as establishing ‘specialised Medical Tribunals’ and adopting the ‘No-Fault Compensation Model’ currently functioning in many other countries. The ‘NHS model of dispute redressal’ from UK was also suggested as an alternative. ‘Tort reforms such as standardised compensation with the capping of non-economic damages, shortening the time for filing cases and mandating the pre- filing of Affidavits from experts’ were also suggested.
The majority view, however, was to strengthen the existing legal system and make a few changes rather than experimenting with new ideas. Promoting the alternative grievance redressal mechanism which can co-exist with the current system, including doctors in adjudicating panels as judges and strengthening the regulator – The National Medical Commission, were a few prominent suggestions in this direction.
A white paper is being prepared, taking cues from the deliberations of this Convention, urging the policymakers to consider these recommendations and initiate legislative action.