CONSUMER

PROTECTION
ACT IN INDIA
(NURSING)
DR. MAHESWARI JAIKUMAR.
maheswarijaikumar2103@gmail.com
 CONSUMER
• Any individual who purchases
products or services for his
personal use and not for
manufacturing or resale is called
a consumer.
• A consumer is one who is the
decision maker whether or not
to buy an item at the store, or
someone who is influenced by
advertisement and marketing.
• Every time someone goes to a
store and buys a shirt, toy,
beverage or anything else, they
make a decision as a consumer.
• Consumer refers to any person
who purchases some goods for a
consideration that has been
either paid or promised to pay or
partly paid.
 CONSUMERISM
• Consumerism is a social as well
as economic order which
encourages the buying of goods
and services in ever-greater
amounts.
 RTI
• The right to information is defined
as ‘the right to be informed about
the quality, quantity, potency,
purity, standard and price of goods
or services, as the case may be so as
to protect the consumer against
unfair trade practices’ in the
Consumer Protection Act of 1986.
 RIGHTS / SAFETY
• According to the Consumer
Protection Act 1986, the consumer
right is referred to as ‘right to be
protected against marketing of
goods and services which are
hazardous to life and property’.

• It is applicable to specific areas like

healthcare, pharmaceuticals.
• Consumer Protection Act, 1986 is
an Act of the Parliament of
India enacted in 1986 to protect
interests of consumers in India.
• It makes provision for the
establishment of consumer
councils and other authorities
for the settlement of consumers'
disputes and for matters
connected therewith.
 CONSUMER PROTECTION
COUNCIL
• Consumer Protection Councils
are established at the national,
state and district level to
increase consumer aware.ness
 CENTRAL CONSUMER
PROTECTION COUNCIL
• It is established by the Central
Government which consists of
the following members….
• The Minister of Consumer
Affairs, – Chairman, and

• Such number of other official or

non-official members
representing such interests as
may be prescribed.
 STATE CONSUMER
PROTECTION COUNCIL
• It is established by the State
Government which consists of
the following members.
• The Minister in charge of
consumer affairs in the State
Government – Chairman.

• Such number of other official or

non-official members
representing such interests as
may be prescribed by the State
Government.
• Such number of other official or
non-official members, not
exceeding ten, as may be
nominated by the Central
Government.
• The State Council is required to
meet as and when necessary but
not less than two meetings every
year.
 CONSUMER DISPUTES
REDRESSAL AGENCIES
• District Consumer Disputes
Redressal Forum (DCDRF): Also
known as the "District Forum"
established by the State
Government in each district of
the State.
• Government may establish more
than one District Forum in a
district. It is a district level court
that deals with cases valuing up
to 2 million.
• State Consumer Disputes
Redressal Commission (SCDRC):
Also known as the "State
Commission" established by the
State Government in the State. It
is a state level court that takes
up cases valuing less than 10
million.
• National Consumer Disputes
Redressal Commission (NCDRC):
Established by the Central
Government. It is a national level
court that works for the whole
country and deals with amount
more than 10 million.
 OBJECTIVES OF CENTRAL
COUNCIL
• The right to be protected against
the marketing of goods and
services which are hazardous to
life and property.
• The right to be informed about
the quality, quantity, potency,
purity, standard and price of
goods or services, as the case
may be so as to protect the
consumer against unfair trade
practices.
• The right to be assured,
wherever possible, access to a
variety of goods and services at
competitive prices.
• The right to be heard and to be
assured that consumer's
interests will receive due
consideration at appropriate
forums.
• The right to seek redressal
against unfair trade practices or
restrictive trade practices or
unscrupulous exploitation of
consumers; and

• The right to consumer education.

• The right against consumer
exploitation.
OBJECTIVES OF STATE COUNCIL
• The objects of every State
Council shall be to promote and
protect within the State the
rights of the consumers laid
down in clauses 1 to 7 in central
council objectives.
 CONSUMER RIGHTS IN
INDIA
• The right to be protected from
all kind of hazardous goods and
services.
• The right to be fully informed
about the performance and
quality of all goods and services.
• The right to free choice of goods
and services.

• The right to be heard in all

decision-making processes
related to consumer interests.
• The right to seek redressal,
whenever consumer rights have
been infringed.

• The right to complete consumer

education.
• If there is infringement of rights
of consumer then a complaint
can be made under the following
circumstances and reported to
the close by designated
consumer court:
• The goods or services purchased
by a person or agreed to be
purchased by a person has one
or more defects or deficiencies in
any respect.
• A trader or a service provider
resort to unfair or restrictive
practices of trade.
• A trader or a service provider if
charges a price more than the
price displayed on the goods or
the price that was agreed upon
between the parties or the price
that was stipulated under any
law that exist
AREAS OF APPLICATION
CONSUMER PROTECTION IN
HEALTH CARE
 NEGLIGENCE
• Negligence is the conduct that
falls below the standard of care.
• The standard of care is
established by the law for the
protection of consumers against
unreasonable practices which
create risk or harm.
• Nursing Practice Act describe
and define the legal boundaries
of nursing practice within each
state.

• The INC & SNC & the Universities

regulate the standards of
practice.
 SOURCES OF NEGLIGENCE
• Medication errors.

• Intravenous therapy errors.

• Burn to client caused by

equipment.
• Falls resulting in injury to the
clients.

• Failure to use aseptic technique

when required.

• Errors in sponge, instruments,

needle etc.
• Failure to give report/
incomplete report.

• Failure to monitor a client’s

condition.

• Failure to notify a physician a

significant change in the client’s
condition.
• With advancement in nursing
and expanded role of nurses,
nurses are in a position to take
independent decision.

• This increases their responsibility

and commitment.
• Nurse have to abide by the laws
related to:
• Informed Consent for operation.

• Invasive procedure.

• Correct identity.
• Correct medication and drugs.

• Medico legal records.

• Accuracy in documentation.
• Not to cross the line if some error
has occurred.

• Care of valuables and money.

• Death and dying issues.

• Birth and death certificate.

• Procedures related to
resuscitation, organ donation,
autopsy, will.
 ROLES / RESPONSIBILITIES
OF A NURSE
• Nurses should not indulge in
malpractice.

• Refuse medical practitioner

indulging in malpractices.
• Organize health Education
Programmes for the public and
nurses regarding CPA.
 PREVENTION OF ERROR
• Several suggestions are made for
reducing error.
• Leape suggests that many
health care delivery systems,
especially in hospital could be
redesigned to significantly
reduce the likelihood of error.
• 1. Reduced reliance on memory
by using checklists protocols and
computerized decision aids for
prescription writing.
• 2. Improved information access
with availability of computerized
medical record at bedside.
• 3. Error proofing - use of forcing
function in computer
programmes so that a physician
cannot enter an overdose or
prescribe a medication to which
the patient is allergic.
• 4. Standardisation of drug doses
and time of administration, of
information displays, equipment
and supplies location in hospital.
• 5. Training of doctors, nursing
and other staff in safe practice.
STRATEGIES FOR
NURSES
• For the individual nurses
following strategies appear
prudent.
• 1. Read prescription care-fully.
Physician’s prescriptions are at
times illegible and lead to
litigation and medication errors.
• 2. Medication errors occur due
to mistakes (knowledge- based
or rule-based) and slips of action
and lapses of memory. Focus on
the task at hand. Knowledgeable
and experienced nurses can
easily identify the mistakes.
• 3. Be careful while administering
drugs / doses. Doctor should
avoid trailing zeros e.g. 10.0 mg
which may be read 100 mg.
• 4. Beware of high-risk situtaitons
e.g. elderly patients on multiple
drugs.
• 5. Review basic drug-related
information from approved
standard textbook.
• 6. Avoid use of a drug for
unproved unlabelled indications
especially where risk of drug use
is higher than expected benefits.
• 7. Communicate effectively
when patients, families,
pharmacists question
prescriptions.
THANK YOU