New Delhi: Upholding the medical doctors’ liability under the Consumer Protection Act 1986, the Supreme Court docket has rejected a petition in search of review of its Could final 12 months’s determination that refused to rethink its 1995 judgment that medical practitioners might be held liable under the Act for deficiency of their providers.
The 1995 judgment, within the case of Indian Medical Affiliation vs. V.P. Shantha & Ors, considerably impacted the medical occupation by making medical doctors accountable for his or her providers under the Consumer Protection Act and sufferers may file shopper complaints in opposition to medical doctors for medical negligence.
“Having perused the review petition and the related papers with meticulous care, we don’t discover any justifiable cause to entertain the review petition. The review petition is, accordingly, dismissed,” mentioned the bench of Justices B. R. Gavai, Prashant Kumar Mishra and Okay. V. Viswanathan mentioned whereas rejecting the Medico-Authorized Society of India’s review plea.
A SC two-decide bench of Justices Bela M Trivedi and Pankaj Mithal in Could had dominated that advocates can’t be held answerable for deficiency of their providers under the 1986 Act. And in the identical ruling, it had mentioned that its 1996 determination that held that medical professionals can be additionally accountable under the identical Act, and that the definition of ‘providers’ under the Act would cowl healthcare and the medical sector, would additionally have to be revisited.
Nevertheless, a 3-decide bench comprising Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan later in November took a opposite view that its 1995 determination doesn’t want reconsideration. “The query as as to whether the opposite professionals excluding authorized occupation might be lined by the Consumer Protection Act might be thought of in applicable instances, having a factual basis,” the three-decide bench had mentioned. The Medico-Authorized Society of India had sought review of this determination.
The highest courtroom in 1995 had dominated that the phrase ‘providers’ under the 1986 Act would come with the service rendered to a affected person by a medical practitioner by means of session, prognosis and therapy, each medicinal and surgical. Nevertheless, in instances the place the physician renders service freed from cost to each affected person or under a contract of private service wouldn’t comprise ‘providers’ under the Act.
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