14-8-10:
The judgment contains lot of adverse comments and rulings detrimental to medical fraternity. IMA has to act immediately otherwise, the special benefit we were enjoing will loose with immediate effect.
some state IMAs are already in the process of taking advise from Leading advocates. the central IMA has to take action at national level, since the new verdict will affect all the doctors of INDIA.
The important points in this apex court judgment are:-
1. The earlier ruling of taking expert opinion before taking up cases in consumer courts is set aside and made applicable only to criminal cases.
2. Evidence act is not applicable to consumer courts and need not take expert opinion even during trial.
3. If negligence is evident the complainant does not have to prove anything and it is the respondent’s duty to repel the charges. (Quoted 10 examples)
4. The consumer forums should dispose of cases speedily without going into detailed trial.
5. The cases which require detailed trial and evidence, may be referred to a civil court which is at forum’s discretion.
No comments:
Post a Comment