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The debate surrounding caps on awards in medical malpractice cases seems to follow a normal ebb and flow. Especially in states that have enacted caps there is lobbying to raise or eliminate those limits, while states that prohibit caps are under pressure to introduce measures that would allow them.
According to an article via This Is Real Law, recent events suggest that a new round of heightened deliberation concerning the merits of caps might be gaining momentum.
What Do You Think? Is there enough compelling evidence to support medical malpractice caps?
In India, in the year 1995 doubts about medical services being amenable to the consumer jurisdiction under The Consumer Protection Act, 1986 were put to rest by our Hon'ble Apex Court in V.P. Shanta's case and since then all the District Fourms, State Commissions and the National Consumer Disputes Redressal Commission have entertained, tried and decided consumer disputes related to different dimensions of alleged medical malpractice(s). Inevitable corollary would be that all the issues before the consumer courts must have, inter alia, involved carrying out a critical analysis of human anatomy and various systems with regard to pathology, prognosis, morbidity and mortality of diseases. To arrive at a finding there must have been a thorough study of standard protocols of treatment, known complications, terminal illness and palliative management, preoperative preventions and post-operative precautions, role of follow up advise and contributory negligence etc. The practice of this branch of medical law has caused a new discipline to develop and revolutionized the administration of justice on patient care so much so that time and again attention of international community is drawn , recent observation by no less than the BMJ is an example of our approach and sense of direction on health care regulation by judicial precedent.
Link to British Medical Journal: