Protecting consumer rights

In a groundbreaking development, a physician in Pakistan was finally sued for malpractice and made to pay Rs33.9 million for his negligence in the way he treated a new-born in 2007. Malpractice lawsuits are commonplace all over the world, but the fact that patient rights were honoured in Pakistan, with the assistance of the consumer court in Punjab, is highly welcome. Regardless of the details of the case leading to the outcome, what needs to be acknowledged is that in the very least, a case was accepted and heard by a court, to honour consumer rights and look into the area of patient rights and doctor responsibilities. This is a landmark case as consumer rights — in just about all spheres — are often blatantly ignored in Pakistan.

Thus far, Punjab has been in the forefront of taking action to protect consumer rights and display concern for powerless consumers. In developed economies, the power generally lies with the consumer. In our developing economy, the power almost always seems to lie with the ‘big man’ — that is, the person or entity that has more wealth and ergo, more status, more connections and a more free hand to do as it pleases, with acquittal from all blame and responsibility easy to come by. There are many other areas that need the attention of consumer courts, especially with regard to the goods and services industries and the quality of products or care that is provided to consumers. In the realm of patient rights, awareness needs to reach other vulnerable people so that they may ensure their rights are upheld and seek justice in cases where they feel these have not been honoured. The time is overdue when doctors, who are blindly revered by many in our society, are held accountable for their actions and are dealt justice in cases of negligence. That is characteristic of a system of checks and balance — which we so desperately need — where no one is allowed to operate without consequences. Legislation at both the federal and provincial levels is required in this regard and it is only necessary that other provinces follow suit when it comes to protecting consumer rights.

Published in The Express Tribune, August 15^th,  2015.

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