Medical Negligence: Liabilities & General Defences for Doctors under the Consumer Laws

The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the case of India Medical Association v. VP Shantha (Civil Appeal No. 688 of 1993) held that medical services are within the ambit of the term “Services” defined in the Consumer Protection Act, 1986. Read more

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