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For The Patients! Health Care Services Covered Under Consumer Protection Law, Says Supreme Court
Writer: Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
India, 30 April 2022 11:30 AM GMT
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While he is a massive sports fanatic, his interest also lies in mainstream news and nitpicking trending and less talked about everyday issues.
Creatives : Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
The SC has noted that the healthcare services provided to the patients by the professionals fall under the purview of the Consumer Protection Act, meaning the beneficiary can complain against the doctor as a consumer.
The Supreme Court on Friday stated that doctors and healthcare services are not excluded from the ambit of the Consumer Protection Act 2019. The SC refused to interfere with a Bombay High Court verdict and termed the PIL concerning it as a "motivated PIL".
A bench of Justices DY Chandrachud and Hima Kohli affirmed the Bombay HC judgement delivered in October 2021 and dismissed the Special Leave Petition filed by an NGO named "Medicos Legal Action Group".
What Is The Case?
Appearing for the NGO, senior advocate Siddharth Luthra submitted that in 1986 legislation, there was no mention of healthcare in the definition of "services". Although there was a proposal to include it under the new Act, it was eventually dropped.
Justice Chandrachud emphasised the term "Service of any description" and said that the definition of service is wide enough, and if the parliament wanted to exclude it, they would have said it "expressly".
The justice added, "Actually your client committed a self-goal. Some consumer negligence case against the doctor and they have prompted it to file a PIL. This is a motivated PIL," quoted NDTV.
What Does It Mean?
The apex court has noted that the healthcare services provided to the patients by the professionals, specifically doctors fall under the purview of the Consumer Protection Act, which means that the beneficiary can complain against the doctor as a consumer.
The court noted that if the health care service was to be excluded by the law, then it is essential to mention it in the law made by the parliament. Only the repealing the old law and replacing it with a new, the services rendered by doctors cannot be kept out of the purview of the Act.
The decision will not hold doctors accountable for any kind of medical negligence in a patient's case and keep health care service providers in regulations.
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