Double edged sword: provision of Mediation in CPA Bill 2019
Medicolegal series 10
In CPA Bill 2019 ‘there is a provision of mediation of the consumer case.
Looking at the large number of cases admitted in Consumer court and because of that, plenty of cases pending in the commission for longer time, it will be a good provision where dispute can be settled by saving time of Consumer court.
Now question is how it affects Medical Negligence cases.
I think it is double-edged sword.
● Looking to the new bill, jurisdiction of District Commission is for value of upto Rs.1 Crore and chances of more cases with higher claiming amount. So, fear of higher compensation amount will drag doctors into mediation for settlement. So even if doctor is not negligent but only fear of higher figure he may prefer mediation.
● Another part is that there are so many cases settled out of court and even after taking amount from doctor, patient goes to Consumer Forum. So it will be good provision for those who are scared of facing legal proceeding and want to go for out of court settlement should opt for mediation at first hearing after admission of complaint in Commission making settlement legal.
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Dr. Vinesh Shah
Medicolegal expert
Mumbai/Ahmedabad/Suart
Pixie Forensic and Medicolegal Consultancy