Is Consumer Protection Act applicable to doctors?
V.P. Santha6 the Hon’ble Supreme Court observed that the medical practitioners are covered under the Consumer Protection Act, 1986 and the medical services rendered by them should be treated as services under section 2(1) (o) of the Consumer Protection Act, 1986.
Should doctors come under the purview of Consumer Protection Act?
Even as the Bill grants immunity to doctors from facing cases filed by disgruntled patients and their family members in consumer courts, the IMA said it does not provide blanket protection to doctors. … In the past, consumer courts have penalised government doctors who didn’t come under the purview of the relevant Act.
Do hospitals come under Consumer Protection Act?
The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the purview of the Consumer Protection Act.
Who can claim under the Consumer Protection Act?
The Consumer Protection Act 1987 is in place to hold manufacturers accountable for producing unsafe goods. It allows consumers to claim compensation if the defective product has caused personal injury, damage to property or death. Claims under the Act are generally brought against the product’s ‘producer’.
Can medical practitioner be sued under Consumer Protection Act?
The Court held that even though services rendered by medical practitioners are of a personal nature they cannot be treated as contracts of personal service (which are excluded from the Consumer Protection Act). They are contracts for service, under which a doctor too can be sued in Consumer Protection Courts.
What is the Consumer Protection Act?
The Consumer Protection Act, implemented in 1986, gives easy and fast compensation to consumer grievances. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer.
When a consumer has any complaint against any doctor?
The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner or authority. The victim may file a complaint via the consumer court or a criminal court a per the nature of the negligence.
Should doctors be tried in consumer courts?
Doctors are life saviors and like any other professionals who provide their services to the society. They need to be loyal to their profession as well as honest to their customers. In case they don’t fulfill their duties then consumer should have the right to take them to consumer courts.
Who can file a complaint under the Consumer Protection Act 1986?
One such special act to safeguard the interest of innocent consumers is the “Consumer Protection Act, 1986”. Any consumer who is betrayed by the trader and denied his/her rights can lodge a complaint against the trader under this Act.
Who is consumer in medical profession?
Who is a consumer ? Consumer is : (a) a patient who pays to get services of doctor /hospital ; (b) any person who pays for the patient ; (c) legal heirs /representatives of such patients ; (d) spouse, parents and children of the patient.
What is the Bolam test in law?
In other words, the Bolam test states that “If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”. … Mr Bolam was a voluntary patient at mental health institution run by the Friern Hospital Management Committee.
What is Consumer Protection Act 1986 PDF?
[24th December, 1986.] An Act to provide for the better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.