Dr. Ramesh Ganesan raises a crucial medico-legal question that resonates deeply within the medical community: Should the judiciary also come under the Consumer Protection Act (CPA)?
Consider this: In the Salman Khan hit-and-run case, both the lower court judge and the high court judge had access to the same evidence and were bound by the same laws. Despite similar educational backgrounds, their interpretations and verdicts were vastly different. One judge found Salman Khan guilty, while the other acquitted him.
Now, imagine a parallel scenario in the medical field. A young doctor, overwhelmed with patients in a government hospital, diagnoses a celebrity with gastric discomfort as a case of simple gastritis. Later, another hospital diagnoses the same patient with a myocardial infarction. The doctor would likely face severe consequences, including legal action and possible imprisonment.
Why the disparity in accountability? A judge has years to deliberate and decide on a case, while a doctor must diagnose and treat in the blink of an eye. If doctors are prosecuted for a wrong diagnosis, shouldn’t judges be held equally accountable for delivering erroneous verdicts?
Points of Contention
- Judges vs. Doctors: Judges often take years to render a decision. If they deliver a wrong verdict, there are typically no repercussions. On the other hand, a doctor, who is expected to make quick decisions under pressure, faces harsh penalties for any misjudgment.
- Hospitals vs. Courts: Hospitals can be sued for not admitting poor patients. Shouldn’t courts be similarly prosecuted for the backlog of cases that deny timely justice to citizens?
- Judicial Errors: It’s appalling that a judge who takes 12 years to give a wrong verdict walks away unscathed, while a doctor making a single mistake is subjected to intense scrutiny and punishment.
- The Nature of Professions: Medicine is an art influenced by the complexities of human biology, not an exact science. Law, on the other hand, is entirely man-made, yet doctors are expected to be infallible, while judges often escape accountability.
- Duty to Society: If doctors and hospitals have a duty toward society, the judiciary should bear the same responsibility.
- Cost of Justice vs. Healthcare: There is widespread criticism of doctors and hospitals charging high fees. But where is the outrage over the exorbitant fees lawyers charge, sometimes in the range of lakhs for a single appearance? If the government is keen on capping doctors’ fees, why is there no discussion about capping legal fees?
If healthcare is a citizen’s right, so is justice. If we are to hold doctors and hospitals accountable, shouldn’t we also demand the same from the judiciary? It’s time we reflect on where true accountability lies and consider extending the Consumer Protection Act to include the judiciary.
Isn’t it time we stop worshipping false heroes and start demanding real change? Share if you agree.