Are medical services covered under Consumer Protection Act?

In Indian Medical Association vs. 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.

Are medical services part of consumer rights?

You have a right to: Get quality health care. Get care from qualified medical personnel. Choose a primary care doctor or pediatrician you trust, and change doctors if you are not satisfied.

Which services are covered under Consumer Protection Act?

The Consumer Protection Act, 1986, applies to all goods and services, excluding goods for resale or for commercial purpose and services rendered free of charge and under a contract for personal service. The provisions of the Act are compensatory in nature. It covers public, private, joint and cooperative sectors.

Is medical negligence covered under Consumer Protection Act?

There are many medical negligence cases which comes before either in consumer courts or criminal and civil Courts. Now the medical negligence cases are covered under the Consumer Protection Act, 1986.

Which are not covered under Consumer Protection Act?

The terms sale, goods, and consideration have not been defined in the Consumer Protection Act. Any person who is making actual use of the goods may come across the defects in goods. Thus the law construe users of the goods as consumers although they may not be buyers at the same time.

In which case it was held all the medical services fall under purview of Consumer Protection Act?

Medical Services Within the Purview of Consumer Protection Act. It was only after the judgment of Supreme Court in Indian Medical Association vs. VP Shantha, that medical profession has been brought under the purview of Consumer Protection Act,1986 vide Section 2(1)(o), 1986 of the act.

What are your rights as a health care consumer?

Consumers have the right to considerate, respectful care from all members of the health care system at all times and under all circum- stances. The commission contends that a happy consumer is essential for a quality health care system, and that health care professionals must respect their patients to achieve quality.

What are services in healthcare?

Services offered Primary health services could include: Health promotion activities. Medical and nursing services. Dental health. Allied health, including audiology, dietetics, exercise physiology, physiotherapy, podiatry, occupational therapy and speech therapy.

What is service under Consumer Protection Act, 2019?

Section 2(o) of the Consumer Protection Act, 1986 defines services, while Section 2(42) of the current Act defines the same. Service means any kind of service which is made available to the consumers for their use for payment of consideration. CPA, 2019 includes e-commerce as a new service under the statute.

Which does not fall under service under the Act?

The National Consumer Disputes Redressal Commission (NCDRC) has reiterated that the Consumer Protection Act, 1986, does not apply to Educational Institutions, and that co-curricular activities such as swimming do not fall within the scope of “service” as defined under the Act.

What is considered medical negligence?

Medical negligence occurs when a doctor or other health care professional provides sub-standard care to a patient—in other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.

What is an example of medical negligence?

Examples of Medical Malpractice Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery. Surgical errors or wrong site surgery.

How is medical negligence covered under the Consumer Protection Act?

Service (s) under a contract of personal duty is not covered under the Consumer Protection Act. Consequently, medical services under the contract of personal services or rendered free of cost will not be within the purview of the definition of the services itself provided under Section 2 (1) (o) of COPRA.

Is the Medical Council covered by Consumer Protection Act?

This field which remains untouched by the Medical Council Act (s) is covered by the law of tort in general, and now by the Consumer Protection Act, 1986. [1] The definition of service given under Section 2 (1) (o) of the Consumer Protection Act, 1986 can be split into three parts – the main part, the inclusionary part, and the exclusionary part.

Which is not covered under the Consumer Protection Act?

In order to bring the ‘service’ within the purview of the definition of services provided in Section 2 (1) (o) of COPRA following basis needs to be adhered to: Service (s) under a contract of personal service is not covered under the Consumer Protection Act.

Can a doctor be sued under the 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.