Supreme Court Grants Interim Stay of NCRDC’s Order on Pre-Printed Consent Forms – Eshwars
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Supreme Court Grants Interim Stay of NCRDC’s Order on Pre-Printed Consent Forms

Authored by Ammu Brigit

On 6th July 2020, the National Consumer Disputes Redressal Commission (NCRDC) in Vinod Khanna vs. R.G Stone Urology and Laparoscopy Hospital & Ors (NCRDC Order), pronounced that obtaining consent in a pre-printed consent form is an unfair trade practice. Our article on analysing this NCRDC Order can be read at http://eshwars.com/blog/use-of-pre-printed-consent-forms-by-hospitals-and-doctors-time-to-relook/.  This NCRDC Order was of great concern to medical fraternity as it was uncertain as to how the consent of the patients needs to be obtained. RG Stone Urology and Laparoscopy Hospital (“Petitioner”) filed a civil appeal before Hon’ble Supreme Court to set aside the NCRDC Order. The Petitioner challenged the NCRDC Order on the basis of the following issues:

a. Whether pre -printed consent forms used by hospitals be considered as an unfair trade practice under Consumer Protection Act 1986?

b. Whether NCRDC has the jurisdiction to pass an order in relation to pre-printed consent forms when the complaint filed was for medical negligence?

c. To what extent can hospital/doctor disclose the risk involved in a medical procedure?

The Hon’ble Supreme Court heard the contentions of the Petitioner on 18th November 2020 and has stayed the direction in the NCRDC Order with regard to the pre-printed forms pending the adjudication of the appeal. The copy of the order of the Hon’ble Supreme Court is available at  https://main.sci.gov.in/supremecourt/2020/16143/16143_2020_41_11_24729_Order_18-Nov-2020.pdf .

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