|Year : 2009 | Volume
| Issue : 1 | Page : 45-46
Medico Legal Expert and Legal Advisor, Maruti Galli, Belgaum, Karnataka, India
B S Bagi
Medico Legal Expert and Legal Advisor, Maruti Galli, Belgaum, Karnataka
Source of Support: None, Conflict of Interest: None
| Abstract|| |
Legal medicine is very essential for practicing dentists so as to protect against public complaints and litigation. This paper briefs about medicolegal jurisprudence and its introduction and promotion among medical professionals.
Keywords: Consumer protection act, legal jurisprudence, legal medicine
|How to cite this article:|
Bagi B S. Judicial consumerism. J Forensic Dent Sci 2009;1:45-6
| Introduction|| |
There are many topics in law that interest the medical professionals, and many topics in medicine that interest lawyers, as both professions act to deliver professional service and social justice in regards to life and security. Hence, medicolegal jurisprudence plays a vital role in bridging the gap between law and medicine. As realized in the realm of judiciary, justification and justice depend upon medicolegal exhibition, version, and evidence.
'Tort' means civil wrong or injury which in fact attracts three main constituents - mainly wrongful act committed by person, wrongful act must result in legal damage to another, and wrongful act must be such, so as to give legal remedy.
This law of tort is practiced all over the world. Law of tort is uncodified and is in a nonstatutory form. On the other hand, civil and criminal laws are codified by enacted parliament laws, depending upon civil and criminal nature in any country.
| Awareness of Legal Jurisprudence|| |
Knowledge about legal awareness of rights, duties, and obligations - moral, social, and legal - among medical professionals should be initiated and promoted.
Universities in India should introduce teaching policies and topics of legal medicine, and forensic jurisprudence.
Dental Council of India should prescribe and include legal jurisprudence and legal medicine in the teaching syllabus as this is very essential for practicing dentists in the society, so as to protect against public complaints and litigation.
The practicing medical/dental professionals should be educated about the fundamentals of legal jurisprudence and legal medicine, so as to face medicolegal problems and public litigations.
| Sailent Features of Consumer Protection Act 1986|| |
The Consumer Protection Act (CPA) 1986, is judicial social act, fundamentally, founded on the consumer rights and interest protection. The salient features of consumer protection are prescribed vis:6 of the act, which protect and promote the interest of services of any description vis:2(0), which is made available to potential users as below:
The consumer redressal proceedings are judicial in nature, under enacted act. The consumer redressal proceedings are cost free (no court fee), quick, and effective within six months, and there is no need to appoint legal representative as the complainant can plead on his/her own. However, the consumer must have knowledge of filing vis:2(e), that is, allegation in writing made by the complainant about the complaint who must also prove as consumer as well as evidence prima facie on the fact of the case to gain the benefit of compensation on the reasonable grounds of deficient service and negligence.
- Protection against hazardous goods and services to life and property.
- Right to be informed.
- Access to be heard.
- Right to seek redressal.
- Right to consumer education.
"Negligence is the breach of duty caused by the omission to do something, which a reasonable man guided by the considerations, which ordinarily regulate the conduct of human affairs, would do or doing something, which prudent and reasonable would not do."
It is also submitted herein that the complaint ought to be filed within two years from the date of cause of action, within local and pecuniary jurisdiction of the court, depending upon the fact of the given case. Similarly, noted herein that the complaint must not be false, veracious, and frivolous, otherwise the court fines or punishes the complainant for harassment of opposite party for falsification of the complaint.
The CPA is basically enacted for consumerism, that is, protection of right and interest of consumer, who hires or avails services from others. Consumer compensation is basically judged and decided upon the doctrine of deficient service, unfair trade practice, and negligence in the interest of justification and justice.
| References|| |
|1.||The law of torts, General Principles, Law Publisher Nagpur, India |
|2.||Consumer Protection Act 1986, Government of India |
|3.||Law and Medicine: the institute of law and ethics in medicine, National Law School of India, University, Bangalore, India. |