The Supreme Court of India has dismissed a review petition by the Medico Legal Society of India, reaffirming that doctors remain accountable under the Consumer Protection Act. This ruling upholds patients' rights to seek redress for medical negligence through consumer forums, ensuring greater transparency and accountability in healthcare.
The Medico Legal Society of India, representing medical professionals, filed the review petition challenging the 1995 judgment in Indian Medical Association v. V.P. Shantha on the following grounds:
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Misinterpretation of “Service” under the Consumer Protection Act (CPA), 1986
- The doctors argued that medical services, particularly those involving life-and-death decisions, should not be equated with commercial services.
- They contended that medical practice is not a business transaction but a profession requiring expertise, where outcomes are not guaranteed.
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Impact on Doctor-Patient Relationship
- The petitioners claimed that bringing doctors under consumer law promotes a culture of fear and defensive medicine.
- They argued that it discourages risk-taking, even when necessary, to save lives, as doctors may prioritize avoiding litigation over patient care.
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Existing Remedies Under Medical Laws
- Doctors asserted that adequate legal frameworks already exist under the Medical Council of India (now NMC) regulations and civil/criminal laws for addressing medical negligence.
- They argued that consumer courts, which lack medical expertise, are not the right forums to adjudicate complex medical negligence cases.
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Increased Litigation and Financial Burden
- The petition pointed out that medical professionals are being burdened with frivolous cases, leading to rising costs of medical services due to higher insurance premiums.
The Supreme Court of India dismissed the review petition in February 2025, stating that:
- No new substantial grounds were presented to warrant a reconsideration of the V.P. Shantha ruling.
- The Consumer Protection Act applies to medical services unless provided free of charge.
- The right of patients to seek legal recourse under consumer law remains valid to ensure accountability and transparency in medical practice.
This ruling upholds the existing legal framework where patients can file medical negligence complaints in consumer forums while doctors continue to be governed by medical ethics regulations under the National Medical Commission (NMC).
