Epidemic Disease Act of 1897 Amended to protect Doctors &health workers; How far it affects consumer Protection Act

Consumer Protection Act deals with defect in goods, deficiency in services and unfair trade practices by the business entities providing services and selling goods. Health care is one of the services coming for adjudication in case any deficiency found in providing services to the consumers. Doctors, Nursing homes and hospitals while treating the patient if found negligent in any manner, patient so aggrieved can approach the consumer commissions for redressal of their grievance. The first case of this kind was decided by the Hon’ble Supreme Court in the matter of V Shantha V/s Indian Medical Association in 1995 against medical practitioners and this was established that doctors are considered service providers under consumer protection act.

On the contrary recently during the new situations arising during  Covid -19 era ,some patients misbehaved with the doctors up to such an extent that incidents of grave hurt to health workers became prominent feature  every now and then . With the result Government made certain amendments to the Epidemic Disease Act of 1897 through   an ordinance to provide safeguards to health workers and subsequently it was made law.

The question here coming up for discussion among the legal luminaries is as to whether the amendment done in the Epidemic Disease Act of 1897 shall make any difference in the claim of consumer under consumer protection act or deprive the consumers of their right to file case of negligence against doctors when doctors get shield under Epidemic Disease Act of 1897.

We need to check he protections provided to the medical practitioners’ .through amendment.

Main features of this law as amended are

1.      Law to punish violent attacks / Assaults on health workers against violent attacks, and if convicted, the accused can be sentenced from 3 months to 5 years in prison and penalized from Rs 50,000 up to Rs 2 lakh based on the gravity of offense. In case of grievous injuries, the accused can be sentenced from 6 months to 7 years and they can be penalized from Rs 1 Lakh to Rs 5 lakhs in fine

2.      If any damage is done to the vehicles or clinics of healthcare workers, then a compensation amounting to twice the market value of the damaged property will be taken from the accused

3.      The amended law will also be invoked if healthcare personnel face harassment from their landlords or neighbors over suspicion that they may carry the coronavirus infection due to the nature of their work

The above provisions are made for protection of medical practitioners against any harm by any person or persons or mob to them or to their property or even to their right as tenant ensured under the law. 

This law nowhere talks of or explains or curtails anything in obligations, responsibilities or duty of the doctors to the patient. They are not relaxed or allowed to compromise with their professional services to the patient. Under the circumstances if they are negligent in performing their duty causing damage or harm to the patient, they are not to get any immunity for the same under the new provisions added up to the Epidemic Disease Act of 1897 .They are liable under Consumer Protection Act which is a separate law governing only the services they render to their patients whereas amended Epidemic law provides for punishment to those who commits offence against doctors.