Jago Grahak Jago

Team JGJ

SC reaffirms doctors’ accountability under Consumer Protection Act

08 Nov 2024 The Supreme Court on Thursday dismissed a request to revisit its landmark 1995 judgment, which had classified medical services under the Consumer Protection Act (CPA) and held that healthcare providers, including doctors and hospitals, could be held accountable under the Act for service deficiencies. A three-judge bench comprising justices Bhushan R Gavai, Prashant Kumar Mishra and KV Viswanathan addressed a reference by a two-judge bench that sought reconsideration of the Shantha ruling while discussing the distinct status of legal professionals, who are excluded from the CPA’s purview. However, the bench on Thursday found the referral unnecessary, observing that the Shantha decision remained legally sound and relevant to ensure accountability in health care. “We find that the issue before the Court was with regards to the legal profession and the court, in unequivocal terms, came to a conclusion that the legal profession is not covered by the provisions of the Consumer Protection Act. Since the court came to the aforesaid finding, irrespective of the finding of this court in Shantha, the reference was not necessary. The question as to whether the other professionals excluding legal profession could be covered under the Act can be considered in appropriate cases, having a factual foundation,” stated the bench, closing the reference. It further clarified that “the reference was not necessary” because the Shantha ruling addressed the specific contractual and fiduciary responsibilities that medical professionals owe to their patients, unlike the nature of services offered by legal professionals. To be sure, the Bolam Test — a standard that has long been recognised in medical negligence cases, has been consistently reaffirmed by the Supreme Court of India. Originating from the 1957 English case Bolam Vs Friern Hospital Management Committee, this test states that a doctor is not negligent if they act in accordance with a practice accepted by a responsible body of medical professionals. In the Indian context, the Supreme Court endorsed the Bolam Test in the case of Jacob Mathews Vs State of Punjab (2005), holding that only if a doctor lacks requisite skills or fails to exercise reasonable competence should liability be imposed. By a judgment on October 24, the Supreme Court further emphasised that medical professionals cannot be held liable for negligence solely because a surgery or treatment does not produce the expected results, asserting that culpability of doctors must stem from clear evidence pointing to a deviation from accepted medical practices. On May 14, a bench of justices Bela M Trivedi and Pankaj Mithal ruled that lawyers cannot be sued in consumer courts for poor service, clarifying the extent of their liability under CPA of 1986, re-enacted in 2019. This judgment held that legal representation for a fee does not constitute a service under law, noting the legislature did not intend to include professions or professionals within the purview of the Act, which aims at addressing consumers’ grievances against services rendered by a businessman or a trader in regard to goods or products. Considering the “sui generis (unique)” nature of services lawyers provide in making the judicial system efficient, effective and credible, their services could not be compared with the services rendered by other professionals, the court said. This judgment had come in response to a clutch of petitions challenging a 2009 decision by the National Consumer Disputes Redressal Commission. The commission had held that services rendered by lawyers fall within the definition of “service” under Section 2(0) of the CPA, 1986, which was re-enacted in 2019. In the same verdict, the Supreme Court also proposed a review of its 1995 ruling in the Shantha case, which held that health care services are covered under CPA, allowing doctors to be sued for deficiency in service and negligence. “The said decision deserves to be revisited having regard to the history, object, purpose and the scheme of the CPA and in view of the opinion expressed by us that neither the ‘profession’ could be treated as ‘business’ or ‘trade’ nor the services provided by the ‘professionals’ could be treated at par with the services provided by businessmen or traders, so as to bring them within the purview of the CPA,” said the bench. It is pursuant to this reference that the matter came up before a three-judge bench on Thursday. Source: Hindustan Times

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CM Yogi Adityanath proposes new law to prevent food contamination, ensure consumer rights

16 Oct 2024 In a bid to combat food contamination from “human waste and contaminated substances,” Chief Minister Yogi Adityanath announced on Tuesday that the government plans to introduce a new law aimed at safeguarding consumers’ rights, reported TOI. This law will require food and beverage sellers to provide essential information to consumers and mandate that establishments display signboards and ensure staffwear identification badges. The CM emphasised the need for strict penalties for those using pseudonyms or providing false information. He stated that any infiltrators or illegal foreign nationals working in food establishments would face serious consequences. “There should be provisions for the harshest punishment against those using pseudonyms or providing false information. If any personnel in a food establishment is an infiltrator or an illegal foreign national, strict action must be taken,” the CM said. “Each food establishment must ensure that no food is contaminated within its premises. It will be mandatory to install a sufficient number of CCTV cameras in the kitchens and dining areas of food establishments for continuous monitoring, with at least one month’s footage made available to the district administration upon request,” the chief minister said while reviewing the proposed law at a meeting, according to the TOI report. The BJP leader addressed recent alarming incidents where food items, such as juice and bread, were allegedly tainted with harmful substances, calling them “horrific” and detrimental to public health. He highlighted that such “vile attempts” are unacceptable and can negatively impact social harmony, noted TOI. The meeting followed criticism of a recent order requiring eateries along the Kanwar route to display the names of all personnel, aimed at allowing devotees to make informed dining choices. The proposed law will impose strict regulations on hotels, restaurants, roadside eateries, and street vendors to ensure food purity and maintain consumer trust. Offenders could face imprisonment and fines, with violations treated as cognizable and non-bailable offences. Additionally, operators will be required to enforce hygiene standards, including the use of head covers, masks, and gloves by food preparers and servers, as well as provide personnel details to relevant authorities. Source: Economic Times

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More than 53,000 RTI complaints returned in one year, Maharashtra tops list

13 Oct 2024 New Delhi: Over 53,000 complaints and appeals that reached Central and State Information Commissions were returned in one year citing rules, with transparency activists raising concerns over the practice saying it could discourage urban poor and rural households from fighting till the end. Source: Deccan Herald

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Railway blankets washed once a month? RTI sparks passenger concerns

23 Oct 2024 Frequent travellers on Indian Railways may want to think twice before settling in for a cozy ride. A recent disclosure, obtained through a Right to Information (RTI) request by The New Indian Express, has revealed a glaring lapse in hygiene practices: While bed sheets and pillow covers in air-conditioned coaches are washed after every journey, blankets are cleaned just once a month — or even less frequently. This hygiene gap has left many passengers questioning the cleanliness of the bedding they rely on during their travels, raising concerns about whether Indian Railways is doing enough to ensure passenger comfort and safety. Clean sheets, dirty blankets: A hygienic disparity Passengers travelling in air-conditioned coaches receive a neatly packaged set of bedding, which includes bed sheets, pillow covers, and blankets. While the cost of these items is included in the train fare, there is a glaring disparity in how they are maintained. According to the RTI response, bed sheets and pillow covers are washed after every journey, ensuring a fresh set for each new passenger. However, the same cannot be said for blankets. Rishu Gupta, section officer of Environment and Housekeeping Management (EnHM) at the Ministry of Railways, confirmed that wool blankets are only washed once a month, or twice in rare cases when they are particularly soiled. This has caused discontent among passengers who feel they are paying for bedding that does not meet basic hygiene standards. Housekeeping confirms limited blanket cleaning Housekeeping staff on long-distance trains confirmed that the infrequent washing of blankets is a common practice. One staff member, with over ten years of experience, disclosed that blankets are only sent for washing once a month, and even then, only if they are visibly dirty. “We only give the blankets for washing if there’s a foul smell or if something like vomit or food spills on them. Otherwise, we just fold them up and use them again, he admitted. This casual approach to cleanliness has left many passengers questioning how often they are actually getting a clean blanket. While bed sheets and pillow covers are routinely laundered, the blankets are simply folded and stored for the next journey unless a complaint is raised or a visible issue is detected. A history of inadequate hygiene Concerns over blanket hygiene are not new. A 2017 report from the Comptroller and Auditor General (CAG) had already flagged serious issues, revealing that some blankets went unwashed for as long as six months. Despite this damning report, Indian Railways’ blanket cleaning protocols appear to have seen little improvement, with the recent RTI confirming that minimal cleaning is still the norm. Calls to replace wool blankets In light of these revelations, experts and former railway officials are now calling for Indian Railways to phase out wool blankets altogether. A retired senior officer from the EnHM division suggested that these heavy blankets, which are difficult to clean, are no longer fit for purpose. “The blankets are too heavy, and ensuring they are properly washed is a challenge. It’s high time the Railways replaced them with lighter, easier-to-maintain alternatives, she said. Passengers seem to agree. Many have expressed dissatisfaction with the blankets provided, pointing out that their dark colours — typically black or brown — often hide stains, making it hard to tell when they are truly clean. Railways’ laundry management in question Indian Railways operates a vast laundry network, with 46 departmental laundries and 25 Build- Own-Operate-Transfer (BOOT) laundries across the country. Departmental laundries are owned by the Railways, but the staff are often employed on a contractual basis. In BOOT laundries, the land belongs to Indian Railways, while private contractors manage the washing equipment and staffing. Despite these resources, the cleanliness of blankets continues to be a sticking point. While the infrastructure is in place to maintain clean bedding, the current protocols for washing blankets do not appear to be sufficient, leaving passengers with doubts about the hygiene of the bedding they use during long-distance travel. Source: Business Standard

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Consumer Court Orders Bengaluru Matrimony Site To Pay ₹60,000 For Failing To Find Match

06 Nov 2024 GUWAHATI: The District Consumer Disputes Redressal Commission in Bengaluru has directed Dilmil Matrimony, a matchmaking website, to pay t60,ooo to a man after it failed to fulfil its promise of finding a bride for his son. The ruling was made by Commission President Ramachandra MS along with members Nandini H Kumbhar and Savitha Airani. Highlighting that it failed to provide even a single match, the court found Dilmil Matrimony deficient in its service, criticising its tendency to advertise “honest matchmaking services” and promising to fulfil client preferences. The case began when Vijaya Kumar approached Dilmil Matrimony’s office on March 17, 2024, and paid ₹30,000 for a service package, expecting the platform to find a suitable match for his son within 45 days. However, despite multiple follow-ups and visits, the company failed to offer any potential matches. When Kumar sought assistance, Dilmil Matrimony allegedly responded unhelpfully and used inappropriate language, further denying his request for a refund. Following the lack of response to a legal notice sent on May 9, Kumar went ahead and filed a complaint with the consumer forum. The Commission proceeded with the case in the absence of Dilmil Matrimony, whose representatives failed to appear for hearings despite being served notice. The Commission ruled that Dilmil Matrimony’s failure to deliver the promised services amounted to a deficiency in sewice and unfair trade practice, resulting in a breach of consumer trust. Consequently, it directed the website to refund 00,000 along with interest and ordered additional compensation for Kumar: Qo,ooo for inconvenience, for mental agony, and to cover litigation costs. The total compensation, therefore, amounts to ₹60,000. Source: Guwahati Plus

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Eylea offers equivalent efficacy with fewer injections for wet AMD, DME management: Dr Ashish Gawde

Oct 18, 2024 In an insightful interview with ETPharma’s Rashmi Mabiyan Kaur, DrAshish Gawde, CountlY Medical Director, Pharmaceuticals, South Asia, Bayer, discusses the significant challenges faced by patients with retinal diseases, including financial burdens, geographical disparities, and lack of awareness. Dr Gawde emphasizes the transformative role of technology, from AI to telemedicine, in revolutionizing the diagnosis and management of eye diseases. Edited excerpts below: Q. In your experience, what are the biggest challenges patients with retinal diseases face in accessing eye treatments? The most pressing challenges include the financial and emotional burdens associated with frequent, long-term treatments for conditions such as Diabetic Macular Edema (DME) and Wet Age-related Macular Degeneration (AMD). These treatments often need to be sustained over the long term, and this can impact adherence, as patients may prioritize immediate concerns over regular care. Access to timely and effective treatment for retinal diseases remains a significant hurdle for many patients. Additionally, geographical disparities can affect treatment access. Individuals in rural or underserved areas may need to travel long distances to reach specialized care, which can impact adherence and lead to delays in treatment. Furthermore, a lack of awareness about retinal diseases contributes to late diagnoses, with many individuals seeking treatment only after experiencing considerable vision loss. This highlights the urgent need for comprehensive education on early warning signs and the importance of routine eye examinations. To address these challenges, Bayer has implemented innovative patient support initiatives like the “Eylea 4 U” program, which ensures timely access to treatment. Collaborations with organizations such as Arogya Finance enhance our capacity to reach patients effectively, ensuring they receive the care necessary for optimal outcomes. Q. How has EYLEA changed the landscape of treatment for patients with retinal diseases? The launch of Eylea (aflibercept solution) has marked a pivotal shift in the management of retinal diseases such as wet AMD and DME. Eylea is clinically proven to be superior in efficacy to other treatment options available for retinal diseases. Now, with the new dose regimen, Eylea offers similar efficacy but with fewer injections. The dosing regimen can be personalized based on each patient’s unique needs. This advancement not only enhances patient adherence but also improves overall quality of life, allowing individuals to maintain greater independence in their daily activities. Eylea’s development reflects a broader movement toward personalized treatment strategies. This individualized approach ensures optimal care and minimizes the burden often associated with frequent injections in previous treatment regimens. Q. How do you envision the role of technology evolving in the treatment and management of eye diseases? The future of ophthalmology is being redefined by the rapid integration of technology, presenting exciting prospects for the diagnosis and management of eye diseases. Innovations such as artificial intelligence (AI) are revolutionizing diagnostic accuracy, enabling healthcare providers to detect conditions like Diabetic Retinopathy and AMD at earlier stages. This technological advancement ensures that patients receive timely interventions, ultimately preserving vision. Telemedicine also plays a transformative role, allowing patients in remote areas to access specialized care without the logistical challenges of travel. This increased accessibility is crucial for populations that may otherwise delay necessary treatment. Q. How is Bayer working towards making eye disease treatment options more accessible in India? We are committed to enhancing the accessibility of treatments for eye diseases across India, particularly in areas where specialized care is less available. We support patients with initiatives like the Eylea Easy Pay program, offering flexible and affordable payment options to improve access to Eylea (aflibercept solution) in India. Such initiatives provide manageable payment solutions for patients undergoing treatment for retinal diseases, reducing the logistical burdens associated with ongoing care and promoting adherence to treatment regimens. In addition to financial support programs, Bayer has established outreach initiatives that emphasize the importance of regular eye examinations and early intervention. By engaging with communities, we aim to educate patients on the risks associated with untreated retinal diseases and empower them to seek timely care. Q. How do you see the future of ophthalmology and treatments in eye care? The future of ophthalmology is on the brink of remarkable advancements, driven by continuous innovation in treatments and preventive care strategies. There is a palpable sense of optimism surrounding the development of new therapies, including gene therapies, that promise to offer solutions for genetic retinal disorders. As research progresses, breakthroughs are anticipated that will address conditions previously deemed untreatable, significantly enhancing the quality of life for countless patients. Moreover, the integration of technology — particularly artificial  intelligence and telehealth solutions  is expected to improve  diagnostic accuracy and broaden access to care. With a growing  emphasis on preventive measures, the goal is to reduce the incidence of  vision loss caused by conditions like Wet AMD and DME through early  detection and timely intervention. We are committed to playing a pivotal role in this evolving landscape by investing in the research and development of innovative therapies and forging partnerships that advance eye care. Our overarching aspiration is to create a future where preventable blindness is significantly reduced, and every individual has access to the comprehensive eye care they deserve. Source: Economic Times

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Shortest treatment for drug-resistant TB to roll out in Jan

Oct 25, 2024 Mumbai: The National Tuberculosis (T B) Elimination Programme has started training sessions for doctors to introduce BPaL, the shortest treatment for drug-resistant TB to date. BPaL, a combination of bedaquiline, pretomanid and linezolid, can treat drug-resistant forms of TB in just six months compared with the present average of 18 months. The treatment is expected to be launched in early Jan, following the completion of trainer-doctor training in all states over the next two months. DrVikas Oswal, a Chembur-based pulmonologist and member of the NTEP technical expert team, said, “On Wednesday, we completed the first national three-day training module on the new TB treatment guidelines and BPaL for Delhi’s doctors.” The training for Maharashtra’s public health doctors is scheduled to take place in Pune during the second half of Nov. The training-of-trainers programme must be completed in all states before the BPaL treatment can be implemented. BPaL has been eagerly anticipated and has already been introduced in more than 40 countries. Indian authorities approved the combination a few months ago, following the results of a three-year trial that demonstrated a 90% cure rate. The Indian trial involved 403 patients with drug-resistant T B, of whom 352 were cured while one patient with COPD passed away. Eleven patients experienced a recurrence, and 19 others had severe adverse reactions during the 12-month followup. The trial also confirmed that a daily dosage of 600mg of the antibiotic linezolid is as effective as the originally prescribed 1,200mg. “The Indian study proved that 600mg to 300mg of linezolid is also as effective as 1,200mg,” said Dr Oswal. The most significant advantage of BPaL for patients, compared to older regimens, is that only three tablets need to be taken daily, and there are no daily injections. Public health experts expect the shorter and fewer-drug regimen will lead to a decrease in the drop-out rate associated with MDR-TB. Source: Economic Times

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Pharma bodies flag risks of refurbished medical gear imports

Oct 25, 2024 New Delhi: Medical device makers have raised concerns over the import of refurbished medical devices into India, highlighting potential risks to patient safety and violations of the medical regulat01Y framework. Lobby groups have asked the health minister JP Nadda to intervene and recall the policy that allows unregulated influx of second-hand medical equipment such as CT scanners, MRI machines, and surgical robots into the country. The ministry of environment, forest and climate change recently issued a memorandum stating a revised list of high end and high value used or refurbished medical equipment. According to Rajiv Nath, forum coordinator, AiMeD, the office memorandum is in violation ofthe National Medical Devices Policy 2023 launched by the PM as it permits import of pre owned medical equipment into India. The investments made by Indian and overseas manufacturers under the Make in India initiatives by the government are now under threat of becoming non- performing assets, he said. He said the ministry has expanded the list of equipment which is “very confusing and unsettling for investors who will only bring manufacturing technologies to India if the policy environment is predictable and consistent with the National Medical Devices policy 2023 that was meant to be binding on all government departments. Now not only many projects recently put up for high end medical equipment are jeopardised, but also patients are at risk of being treated with non-calibrated non- regulated medical equipment,” he said. Nath said India is being treated as a dumping ground for e-waste as obsolete equipment gets resold in the countlY while overseas manufacturers make hay “doubling sales.” Earlier in May, the Patient Safety and Access Initiative of India Foundation (PSAIIF), a not-for-profit organisation based in Delhi that works on improving access to quality healthcare, filed a Public Interest Litigation (PIL) before the Delhi High Court raising objections over the regulatory framework concerning the quality, safety, and efficacy of second-hand or used medical devices in India. The writ petition filed before the court had demanded a complete review of the regulatory mechanism related to the import of medical devices into the country that are used or refurbished. In a letter to the health minister, medical device manufacturers have sought intervention to stall and recall the intemninisterial policy issue from further execution. They have also sought setting up an expert committee to propose regulatory controls and amendments for enabling re-manufacturing and resale of Indian made refurbished equipment by the original equipment manufacturer beyond the warranty life cycle to ensure patient safety and calibrated accuracy. Source: Economic Times

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Imaginarium paves the path for India’s first hand transplant recovery with 3D Printing solution

Oct 21, 2024 New Delhi: Imaginarium, a multi-speciality digital manufacturing business, announced that the company’s customised, bio- compatible 3D printed orthotic device is supporting the recove1Y of 15 year old teenager, Anamta Ahmad – who underwent a complex hand transplant post her amputation. Anamta Ahmad, the youngest person in the world to undergo a shoulder- level limb transplant, faced a daunting recovery journey as she got electrocuted by 11000-volt electric wires. The complex nature of the surgery and extended recovery period required a specialised approach to ensure proper healing and minimised discomfort. Imaginarium’s custom 3D printed orthotic device, tailored to Anamta’s needs, has been crucial in overcoming these challenges. “We are proud to have played a role in Anamta’s recovery by pushing the boundaries of personalised healthcare,” said Aashay Mehta, Managing Director and Co-Chairman at Imaginarium, said in a statement. “There’s nothing that requires more customization than the human body, no two people are the same, and even our left and right sides aren’t identical. That’s why our work is so vital. Whether it’s for this surgery or developing patient-specific implants, we’ve been at the forefront of 3D- printed healthcare solutions for two decades. Our goal is to keep innovating and finding new ways to meet the unique medical needs of each individual.” Crafted from durable, biocompatible hard plastics, the device prioritises both comfort and long-lasting performance, making it ideal for extended use. “I had complete trust in the doctor and his team of professionals; they made me feel optimistic about the surgery. Once after the procedure was done I had to enter my recovery phase with a brace which was custom made by Imaginarium. To know that I’m the first transplant patient to get a custom 3D printed brace excites me even more. The brace was not only functional but also had an aesthetic appeal to which I could relate to as a teenager which I find quite essential given the length of the recovery period,” said Anamta Ahmad. “Also, being exposed to high-end technologies and processes was a fascinating experience and the members at Imaginarium were incredibly supportive. I hope this innovation helps many more like me to have a peaceful recovery process. Imaginarium is pioneering healthcare applications such as custom surgical guides, patient-specific implants, and orthotics. Source: Economic Times

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UP govt to boost medical device exports with comprehensive action plan

Oct 26, 2024 Lucknow: As part of its plan to establish a medical device park, the UP govt has also stirred the indigenous medical device manufacturing industry to boost exports, an official spokesperson said on Friday. “Govt has laid out a comprehensive action plan to increase exports of locally manufactured medical devices. Efforts are underway to enhance logistics, connectivity, and land bank access across various authorities to facilitate the development of medical devices and pharmaceutical parks,” he said. The spokesperson further said that simultaneous work has begun on creating a mobile app-based digital IT platform for the Export Promotion Council-Medical Device (EPC-MD) to support the growth and export of medical devices. “This app-based digital platform, which will feature a web portal and various IT solutions, is being built using modern technology to meet future needs,” he added. Listing out benefits of the IT platform, he said that it would enable the review of project approvals and support the advancement of medical device production in the state and streamline various aspects of the production process, provide necessary support, and compile export- related data to aid export promotion efforts. Notably, the Yamuna Expressway Industrial Development Authority (YEIDA) is developing North India’s first dedicated medical device park in two phases, covering an area of 350 acres. Allottees will benefit from subsidised electricity, water, warehousing, and reimbursement for skill development, patents, and quality certification. To facilitate access to cost-effective testing and scientific resources within this park, apps, web portals, and IT solutions will be created for the EPC-MD. This initiative will allow regular monitoring of various projects and activities through role-based access to the business blueprint. The app-based digital IT platform will feature numerous advanced functionalities, including three-layered security, disaster recovery, a data centre server, social media integration, COO activation, real-time deployment, reimbursement claims, member documentation, payment gateway installation, a micro-website for international and national exhibitions, SMS integration, and a help desk. – Provide necessary guidance and support to exporters of medical devices and related products. – Prepare a framework for promotional activities to create awareness about Indian medical devices in international markets. – Establish phase-wise communication along with informing exporters on regulat01Y issues, technical standards, and other trade-related matters. – Prove helpful in formulating and implementing action plans to showcase the contribution of the Indian medical device industry and Uttar Pradesh on international forums. – Work as a one-stop solution to address challenges faced by the industry, including issues related to manufacturing, quality standards, and trade barriers. Source: Economic Times

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