An increasing number of medical negligence cases being filed before the consumer courts has thrown up a peculiar problem: an acute shortage of doctors and specialists who are willing to come forward and give testimony in favour of the consumer. And this is not only affecting the consumers’ prospects of winning the case, but also resulting in delays in the disposal of these cases.

In medical negligence cases, consumers have to put together supporting evidence in the form of hospital records, scientific literature or data or studies and if necessary, even the opinion of experts. However, most of the time, they are unable to produce any other scientific data and so the consumer courts depend mostly on the opinion of specialists.

However, getting them to testify is becoming one of the most challenging aspects of medical negligence suits. According to the apex consumer court, in many cases, despite the best efforts of the complainants, the doctors do not appear before the consumer courts because they do not want to testify against their professional colleagues. Even where the consumer court issues summons to help the consumer, the doctor does not appear. There is also another problem. If a doctor agrees to come, he or she has to be paid travel expenses and also an honourarium for the time and effort involved in the work. Many consumers are not in a position to do this.

Keeping some of these problems in mind, the apex consumer court has suggested that the consumer courts at the district and the state level prepare a list of panelists who may be summoned for such cases and also create a fund for the purpose so as to ensure that they are paid a decent remuneration for their work.

In fact, at the two-day meeting of the presidents of state commissions and secretaries in charge of consumer affairs in various states and union territories, held in New Delhi last month, this was one of the main issues that came up for discussion. And it was obvious from the gathered medical professionals who were invited to speak there, that even among them, the opinion was divided on the issue of appearing as experts before the consumer courts.

The solution, therefore, lies in funding and encouraging some of the NGOs in the health sector to provide the necessary assistance ? including research backup and experts ? to consumers. The Consumer Welfare Fund can be utilised for this purpose.