Introduction
Medical negligence cases are among the most sensitive and complex consumer complaints. Under the Consumer Protection Act, 2019, medical services fall within the definition of service, and any deficiency in such services can be challenged before the Consumer Commission.
What Is Medical Negligence?
- Wrong diagnosis or delayed diagnosis
- Incorrect treatment or surgical errors
- Failure to obtain informed consent
- Negligent post-operative care
- Prescription of wrong medicines or dosage
Is Medical Service Covered Under Consumer Protection Act?
Yes. The Supreme Court held in Indian Medical Association v. V.P. Shantha (1995) that medical services are services under the Consumer Protection Act. The CPA 2019 continues to cover medical services. However, services provided completely free of charge (e.g., government hospitals offering free treatment) may not always be covered.
Proving Medical Negligence
- Medical records: case sheets, prescriptions, discharge summary, test reports
- Expert opinion: an independent doctor’s written opinion confirming negligence
- Evidence of harm: proof that the negligence caused actual harm or death
Filing Process
Step 1: Collect All Medical Records
Obtain all medical records from the hospital — hospitals must provide these upon request under the law.
Step 2: Obtain Expert Opinion
Get an independent medical expert to examine the records and give a written opinion on whether there was negligence.
Step 3: Send Legal Notice
Send a legal notice to the hospital/doctor stating the facts and the relief you are seeking.
Step 4: File Consumer Complaint on e-Jagriti
File the complaint at e-jagriti.gov.in. Attach all medical records, expert opinion, legal notice, and bills paid.
Relief Available
- Compensation for medical expenses
- Compensation for permanent disability or loss of income
- Compensation for death (to legal heirs)
- Mental and physical harassment compensation