Medical Negligence & Consumer Courts: Plea Before Supreme Court Seeks Exemption for Doctors from Consumer Law

The Supreme Court of India has asked the Union Ministries of Health and Consumer Affairs to respond to a petition seeking to remove doctors from the scope of the Consumer Protection Act, 2019.

The plea was heard by a Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and N V Anjaria. The petition has been filed by the Association of Healthcare Providers (India) and its former President, a doctor based in Bengaluru.

At present, patients can approach consumer courts for complaints of medical negligence because medical services are treated as “services” under consumer law. This position has existed since a 1995 judgment of the Supreme Court in Indian Medical Association v. V.P. Shantha.

The petition argues that applying consumer law to medical services harms the trust-based relationship between doctors and patients. According to the plea, medical care cannot be compared to ordinary commercial services because it involves professional judgment, uncertainty, and situations where outcomes cannot be guaranteed.

The petition also refers to a recent Supreme Court ruling that excluded lawyers from the Consumer Protection Act, stating that professional services are different from commercial activities. It notes that in that decision, the Court had observed that its earlier ruling bringing doctors under consumer law may require reconsideration by a larger Bench.

Another major concern raised is the rise of “defensive medicine”. The petition claims that fear of consumer court cases pushes doctors to order unnecessary tests or procedures, not for patient benefit, but to protect themselves from legal action. This, it argues, increases healthcare costs and affects honest communication between doctors and patients.

The plea further questions whether consumer forums are equipped to handle medical negligence cases. It points to delays, vacancies, lack of medical expertise among decision-makers, and inconsistent compensation orders. According to the petitioners, such forums are not suitable for assessing complex medical decisions.

The petition stresses that doctors are already governed by multiple mechanisms, including disciplinary proceedings before medical bodies like the National Medical Commission, civil courts, and criminal law. These systems, it argues, are better suited to examine professional medical conduct.

The plea finally asks the Supreme Court to exclude doctors holding an MBBS degree or higher from the definition of “service” under the Consumer Protection Act, 2019, to preserve trust in healthcare and prevent medical decisions from being judged like ordinary consumer disputes.

The petitioners are represented by Senior Advocate Malvika Trivedi, along with a team of advocates.