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Use of Pre-Printed forms to obtain patient's consent amounts to 'unfair trade practice' : NCDRC
The National Consumer Disputes Redressal Commission (NCDRC) on adjudicating a matter pertaining to medical negligence in due course held that the use of fixed "Informed consent cum undertaking" by the private hospitals to record consents from patients fall into "unfair trade practice" defined under sec2(i)(r) of consumer protection Act,1986.
A patient aged about 65 years with pain abdomen region had to rush to a private hospital in Delhi (opposite party) as a rejoinder hospital authorities had communicated to the patient regarding medical complications. After the surgery was done the complainant claimed the act of surgery was made in a negligent manner, therefore, filed an application before State Consumer Redressal Commission, Delhi which rejected the complainant's application due to lack of pecuniary/monetary jurisdiction. Therefore, Complainant approached NCDRC claiming compensation for medical negligence.
Commission on making its careful observation on hearing both sides held that there was no medical negligence on part of the hospital and favored hospital. However, the commission made one vital observation with regard to the procedure of the hospital adopted to obtain consent from patients.
" We but note that a pre-printed and fixed 'informed consent cum undertaking from, with blank spaces for limited select handwritten entries and for the signature has been used. The main body of the form is pre-printed and prefixed. It can fit into any procedure, any doctor any patient. We note this to be administrative arbitrariness and one-sided high handiness to be unfair and deceptive" said the commission.
Though the claim urging medical negligence was dismissed, nevertheless it emphasized the arbitrariness in the usage of pre-printed forms to obtain consent and imposed a heavy penalty of rupees 10lakhs and directed the party to deposit the same in the consumer legal aid account within 4 weeks time.
Therefore Division bench comprising Dr. S M Kantikar and Dinesh Singh dismissed complainant application, However threw light upon the administration aspect and regarded it as ' Unfair trade practice'.
