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Gone are days when the ‘Doctor Babu’ was revered and cases of <keyword id="1105565" type="UNKNOWN" weightage="20" keywordseo="medical-malpractice">medical malpractice</keyword> were virtually unheard of. 
 The scenario has changed, a growing awareness has led to people increasingly filing ‘<keyword id="2780289" type="UNKNOWN" weightage="20" keywordseo="Medical-Malpractice-and-Negligence">Medical Malpractice and Negligence</keyword>’ suits against Doctors and Hospitals. 
 
The population of a developing country like India relies largely on government hospitals and institutions for medical care. Private hospitals, nursing homes and clinics have mushroomed in every nook and corner of the country. 
 
Even the best private hospitals are prone to medical negligence so the percentage of error in government run hospitals is much higher. Often cases are not reported, for either the patient is unaware of the medical malpractice and or does not have resources to fight the system. 
 
Studies have shown that compared to USA, India has almost double the number of cases of medical malpractice. 
 
Over 200,000 people lose their lives in USA due to medical errors and almost 20,000 malpractice suits are filed. Statistics for India are not very accurate, but extrapolated figures indicate 400,000 deaths due to medical negligence. 
 
In India, the Medical Council Act of 1956 had no provisions to deal with medical negligence; it was modified in 2002 to cover medical negligence. Unfortunately the Act does not specify the provision or section under which action can be taken against ‘medical malpractice’ or penalties imposed. 
 An aggrieved person could earlier only file a case under Consumer Protection Act (<keyword id="179589" type="CITY" weightage="20" keywordseo="CPA">CPA</keyword>) but now he can also approach the Civil Courts, The Medical Council of India and the Dental Council of India, <keyword id="172276" type="ORGANIZATION" weightage="20" keywordseo="MRTP">MRTP</keyword> Act (Monopolies and Restrictive Trade Practices Commission, or file a PIL (Public Interest Litigation) or seek legal action under sections of the IPC (Indian Penal Code, 1860. 
 
Medical malpractice in India comes under the ‘Law of Torts’ which is not codified in India and is unclear on ‘adequate compensation’. 
Interestingly figures show that 80% cases involve surgery with obstetric and gynecology leading at 29% followed by 22% of orthopedic cases. 34% of the cases involve negligence of hospitals along with doctors. 
 However, certain cases have clearly shown that the Indian legal system has woken up and while vary of hasty action against the <keyword id="561865" type="UNKNOWN" weightage="20" keywordseo="Medical-profession">medical profession</keyword> has awarded exemplary damages ranging from Rs 70 lakh for a wrong amputation and Rs 11.5 crore. 
 
This may have forced the Indian Medical profession to be more careful, but it has led to unnecessary and expensive extra investigative procedures as doctors are keen to cover their backs. 
 
It makes medical care expensive, which is not what the government has in mind with its aim to make medical care easily available. 
Doctors’ points that many patients, their relatives and friends seem to think whatever they read on the ‘Iinternet’ is right and question the doctor’s treatment. They are often very vociferous and ask for second opinions or shift the patient to another doctor or hospital with dire results. 
 
Of late, an unhealthy practice of family and friends of patients demonstrating in hospitals and even indulging in violence is increasing. Every case is assumed to be Medical negligence. 
 Paradoxically the other side of the Indian Medical Profession is ‘Medical Tourism’ and India ranks as the second biggest in the world. The main attraction is low-cost coupled with high quality medical care mainly for heart surgery, knee transplant, cosmetic surgery, fertility etc. Medical Tourism is a major <keyword id="6368276" type="COMPANY" weightage="20" keywordseo="Foreign-exchange">foreign exchange</keyword> earner and is expected to grow this year by 30% earning about US $ 2 billion in 2015. 
 
A foreign patient has little to fear and is less likely to be a victim of any medical malpractice. Medical tourism is a big money spinner for the private medical sector in India. 
 
The government too is encouraging by easing visa formalities through the introduction of ‘M’ visas or medical visas. It is also working on improvement of connected infrastructure and support systems like aviation, pharmaceuticals and related industries. 
 
What is needed is establishing, encouraging and implementing high standards in health care so that there is little scope for medical malpractice. A clearly codified and quantified law is also needed to ensure that proper justice is administered.

Medical profession losing its aura of sanctity with the rising cases of malpractice and negligence

<ul><li><keyword id="111343" type="General" weightage="20" keywordseo="Gautam-Adani" source="Orion">Gautam Adani</keyword> is ranked 4th in the world with a total net worth of $125 billion.</li><li>Adani is followed by Mukesh Ambani at number 10 with a net worth of $83.6 billion.</li><li>The next rank from India is number 45 for <keyword id="6419840" type="General" weightage="20" keywordseo="Azim-Premji" source="Orion">Azim Premji</keyword> of Wipro with a net worth of $ 24.6 billion.</li></ul> The double As - Gautam Adani and Mukesh Ambani - dominate the India rich list with the gap between them the rest of India Inc being a very large one. There was a time when <keyword id="232460" type="General" weightage="20" keywordseo="Tata-and-Birla" source="Orion">Tata and Birla</keyword> were synonyms for India's rich. Every region had its own wealthy like the Shrirams, Thapars, Nandas, and Modis in the north or the Bangurs in the east or the Mafatlals, Walchands, Kirloskars, Khataus, Sarabhais and Lalbhais in the west and the M.A. Chidambaram group in the south. Over time, many groups have floundered and fallen on bad times. There are many defining moments in this journey which saw a debilitating impact on family industrial groups. The year 1964 was a turning point because this was when the Monopolies and Restrictive Trade Practices Commission was established. By that year, the MRTP Commission had finished collecting and sifting information on Indian big business and hence reliable data was available. The next interesting inflection point came in 1991, when the P.V. Narasimha Rao administration introduced the New Economic Policy. This is where it all changed - India's most radical policy document in the form of the New Industrial Policy - the Licence Permit Raj was scrapped on 24 July 1991. Democratic socialism had been consigned to the rubbish heap of history - Licence Raj, which was in place for four decades, came to an end with the new industrial policy announced by Finance Minister Manmohan Singh and Prime Minister P.V. Narsimha Rao, who also held the portfolio of Industries Minister. The New Industrial Policy proposed getting rid of Monopolies and Restrictive Trade Practices and abolishing industrial licensing for all but 18 industries. Foreign equity holdings were proposed to be raised by 51 per cent in a project. Indian industry was free of controls and bureaucracy like never before. Over the last 30 years, India Inc had been turned on its head. As per the Bloomberg Billionaires Index now, Gautam Adani is ranked 4th in the world with a total net worth of $125 billion. Adani is followed by Mukesh Ambani at number 10 with a net worth of $83.6 billion. However, after Adani and Ambani the gap widens by a large extent and is then taken up by the software czars. The next rank from India is number 45 for Azim Premji of Wipro with a net worth of $ 24.6 billion. Shiv Nadar of HCL Technologies is at number 51 on the index with a net worth of $22.8 billion. The representation from India is then only at number 101 with Dilip Shanghvi with a net worth of $14.9 billion followed by Cyrus Poonawalla at 102 with $14.8 billion. Lakhsmi Mittal is at 103 with a net worth of $14.7 billion. Uday Kotak is ranked 106 with a net worth of $13.7 billion. Savitri Jindal is ranked at 119 on the Bloomberg Billionaires Index with a net worth of $12.9 billion. Sunil Mittal is ranked at 134 with a net worth of $12.2 billion. Kumar Birla is at 159 with a net worth of $10.8 billion. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/india/news/over-2-49-crore-unaccounted-cash-seized-in-hyderabad/articleshow/94750636.cms">Over ₹2.49 crore unaccounted cash seized in Hyderabad</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/telecom/news/telecom-sector-to-ring-in-stability-in-q2-jio-and-airtel-expected-to-grow-stronger-vi-weaker/articleshow/94709309.cms">Telecom sector to ring in stability in Q2 – Jio and Airtel expected to grow stronger, Vi weaker</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/tech/news/this-giant-swing-in-manali-runs-on-ai/articleshow/94741834.cms">This giant swing in Manali runs on AI</a>

Gautam Adani and Mukesh Ambani - dominate the India rich list with the gap between them the rest of India Inc being a very large one

The <keyword id="97393" type="ORGANIZATION" weightage="80" keywordseo="Competition-Commission-of-India">Competition Commission of India</keyword> (‘the Commission’) has found the <keyword id="69035" type="POSITION" weightage="80" keywordseo="chemist">Chemist</keyword> and Druggists Association, Goa (CDAG) to be in continued contravention of the provisions of the Competition Act, 2002 (‘the Act’). 
 
In an earlier case [MRTP-C-127/2009/DGIR (4/28)], the Commission had found the CDAG to be in contravention of the Act and thereafter, passed an order under section 27 of the Act on June 11, 2012 imposing a penalty of Rs 2 lakh on CDAG. 
 In a subsequent complaint filed by M/s Xcel Healthcare, it was brought to the notice of the Commission that the CDAG was restraining pharmaceutical companies such as M/s <keyword id="1997651" type="UNKNOWN" weightage="80" keywordseo="Glenmark-Pharmaceuticals-Limited">Glenmark Pharmaceuticals Limited</keyword> and M/s <keyword id="523713" type="COMPANY" weightage="80" keywordseo="Wockhardt-Limited">Wockhardt Limited</keyword> from doing business with non-authorized stockists and thereby, not complying with the order of the Commission. The Commission took suo-moto cognizance and ordered the <keyword id="123228" type="POSITION" weightage="80" keywordseo="Director-General">Director General</keyword> to investigate the matter. 
 
Following detailed investigation, the Commission found that CDAG was indulging in anti-competitive practices in complete disregard to the Commission order dated June 11, 2012. It was found that CDAG was continuing to exercise control on the supply chain through which drugs and medicines are made available in the market through the practice of requirement of LOC/NOC prior to appointment of stockists by pharmaceutical companies without having any legal or statutory authority in this respect. 
 
Further the Commission also found that CDAG forced pharmaceutical companies to follow its mandate by threatening the other stockists in Goa to stop taking supplies or suspend receiving supplies from them till such time they stopped supplies to the unauthorised stockists such as M/s Xcel Healthcare. 
(Image: projectation.com) 
(Source: Press Information Bureau)

The Chemist and Druggists Association, Goa (CDAG) Faces A Penalty Of Rs 10,62,062

The <keyword id="97393" type="ORGANIZATION" weightage="20" keywordseo="Competition-Commission-of-India">Competition Commission of India</keyword> (<keyword id="47183" type="ORGANIZATION" weightage="20" keywordseo="CCI">CCI</keyword>), which was formed after the Competition Act came into existence on March 31, 2003, following the repealing of 30-year-old Monopolies and Restrictive Trade Practices Act of 1969 (MRTP ACT), has hogged the limelight of late for both right and wrong reasons. Most recently it imposed a penalty of Rs 1 crore on <keyword id="6355629" type="CITY" weightage="20" keywordseo="Google">Google</keyword> for failing to comply with the directions given by its investigating arm—seeking information following allegations that Google favours its own products in search results and resorts to discrimination by favouring paid searches. As competition regulations mandate violators to be slapped with penalty of up to 10% of their three-year annual average turnover, Google may have to shell out as much as $5 billion, considering its annual revenues in the last three years amounts to over $50 billion. 
 Previously it also slapped varying amounts as fine on the Board of Control for Cricket in India (<keyword id="6354756" type="CITY" weightage="20" keywordseo="BCCI">BCCI</keyword>) for tweaking IPL franchise agreements in its own favour; the <keyword id="53581" type="CITY" weightage="20" keywordseo="NATIONAL-STOCK-EXCHANGE">National Stock Exchange</keyword> (NSE) for abusing its dominant position in the currency derivatives market; and DLF, the country’s largest realtor by market capitalisation, for abusing its market-leading position by drafting one sided agreements with property and home buyers. 
 
CCI, which became fully functional in 2009, effectively reflects a legislative shift from the binding mindset that prevailed at the time of Licence Raj to a conducive regulatory ambience for enhancing consumer welfare by sustaining and encouraging competition in the market. It also functions as a means to support sector-specific regulatory bodies as the role of state as proprietor gets diminished across industries, especially utility and infrastructure, and private participation and ownership increasingly become the driver of economic activities, to ensure a level-paying field for all market participants. A key objective of CCI is to ensure that key players do not abuse their dominant position to involve in anti-competitive activities by using collusion or cartelisation to gain control and market share in specific spaces. 
 
In fact, the Competition Act clearly prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations via mergers and acquisitions that may hurt competition. CCI is also expected to protect the interests of consumers and ensure freedom of trade in the market in addition to eliminate practices that curb competition. In addition, it is mandated to work in tandem to carry out competition advocacy. 
 
CCI has been probing several sectors especially real estate, entertainment, cement, petroleum, steel, travel industry, healthcare and education to nip anti-competition practices and strategies of a varied bunch of players. In 2011, it had 58 pending cases which were reduced to 20 by July 2012. Currently, it is reportedly looking into 39 cases of violation of anti-competitive norms under the Competition Act. To effectively implement its mandate, it has been granted robust powers in terms of enhanced authority, penalising provisions and a dedicated appellate authority. Armed with enhanced muscle power, it is expected to help transform India into a market place on par with more mature markets like the US where anti-competitive legislations seems to have come of age. 
 
However, there have been concerns regarding the validity of CCI as there have already been industry-specific regulators and if its enhanced authority may force it to infringe upon the functional terrain of other regulatory bodies including the RBI and SEBI. 
 
Also, there have been criticisms that in many cases, the penalty imposed by CCI is excessive against the backdrop of lack of defining guidelines for arriving at the appropriate amounts. However, once CCI manages to iron out the glitches that seeped into its functioning and start using sophisticated economic tools for investigating regulatory violations, it should be able to lead India to an era of enhanced anti-competition practices that will further enhance the country’s status as a market that is fast approaching maturity in terms of regulations.

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Medical profession losing its aura of sanctity with the rising cases of malpractice and negligence

Preetam Kaushik

Gautam Adani and Mukesh Ambani - dominate the India rich list with the gap between them the rest of India Inc being a very large one

IANS

The Chemist and Druggists Association, Goa (CDAG) Faces A Penalty Of Rs 10,62,062

BI India Bureau

The Importance Of Being Competition Commission Of India

Preetam Kaushik

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