National Convention on Medicine & Law 2024 to address medical negligence and alternatives to consumer courts

The Institute of Medicine & Law, in collaboration with Gujarat National Law University (GNLU), will host the “National Convention on Medicine & Law 2024” on Sunday, November, 17th, 2024. The online event, scheduled from 0930 to 1230 hrs, will focus on the topic, “Medical Negligence Cases – What are the Alternatives to Consumer Courts?” and will examine potential solutions to challenges in handling medical negligence cases through existing legal mechanisms.

In 1995, the Supreme Court of India included doctors under the Consumer Protection Act (CPA) following the landmark “IMA vs. V.P. Shantha” case, categorising doctors as service providers and patients as consumers. This decision provided patients with a more accessible platform for resolving grievances. However, the result has been an exponential rise in cases against doctors and hospitals, and consumer courts have become the primary forum for addressing patient complaints. Despite this, medical councils, criminal courts, and civil courts still retain jurisdiction over such cases.

The increasing volume of litigation and cases of violence against doctors have raised concerns within the medical community. Many doctors now advocate for exclusion from the consumer courts’ jurisdiction, citing systemic issues and breakdowns in the doctor-patient relationship. According to organisers, this situation has led to the rise of “defensive medicine,” where healthcare providers practice with caution to avoid legal repercussions, contributing to stress among doctors and increased healthcare costs, ultimately creating dissatisfaction among all stakeholders involved.

The convention aims to address questions surrounding this issue, including the possible impact on healthcare if doctors were excluded from the CPA, which aspects of the current system have succeeded or failed, and the influence of these factors on healthcare costs, quality, and the wellbeing of both providers and patients. There will also be discussions on whether a unique approach to healthcare law, specific to India, might be required.

Key questions under examination include the viability of alternative dispute resolution methods, medical tribunals, or tort reforms as options for resolving medical negligence claims. The role of medical councils and statutory bodies, as well as the feasibility of reforms based on international models, will also be explored to assess their potential effectiveness in the Indian healthcare context.

The event will feature a range of participants, including doctors, legal experts, judges, policymakers, hospital administrators, patient advocates, and academics. Discussions and deliberations will culminate in a White Paper, to be shared with government bodies, Members of Parliament, media representatives, and other stakeholders, to promote action based on the convention’s recommendations.

The Institute of Medicine & Law, with 18 years of experience in medical law education and services, and Gujarat National Law University, a statutory body established by the Government of Gujarat in 2003, will jointly host the convention. GNLU was founded to advance legal knowledge and to equip students with skills in legal advocacy, parliamentary practice, and law reform, while promoting interdisciplinary studies.

The convention can be accessed online through the joining link at bit.ly/NCML24L.