Can A Medical Practitioner Be Sued Under The Consumer Act

I have instituted a complaint before the Consumer Court against a Medical Practitioner. My complaint has been challenged on the ground that a Medical Practitioner cannot be sued under the Consumer Act. What does law provide?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida
  1. Yes, a medical practitioner can be sued under the Consumer Protection Act 1986 for his or her professional negligence resulting in damage to patient. Section 2 (d) in defining a consumer in Clause (ii) uses the expression ‘hires and avails of”. The word “hire” means employ of wages or fees”. Secondly the words “any service” in s. 2 (d) (ii) in Consumer Protection Act. A eloquent to bring the delinquent medical practitioners within the ambit of Consumer Protection Act. Thirdly, s. 2 (o), Consumer Protection Act which defines service exempts only two types of services, one “service free of charge” and another “contract of personal service” postulates a relationship of master and servant. A medical man whose service is requisitioned for a patient answers the clause ” contract of service” but never “a contract of personal service”. So, a negligent medical professional can be proceeded under the Consumer Protection Act 1986.

Answered on 28 Sep 2018


Was this answer helpful?

Didn't find the answer you are looking for?

Talk to experienced lawyer online and get your answered in minutes.

Advocate Sudershani RayAdvocate Mansi Airi GambhirAdvocate Prabhakar ShettyAdvocate Suresh Kumar+50