A patient undergoing surgery at a private hospital suffers permanent nerve damage due to an alleged surgical error. The patient files a complaint in the District Consumer Disputes Redressal Commission. Under Indian law, the Consumer Protection Act 2019 applies to medical services provided by doctors and hospitals in which circumstance?

• A Only when the patient is a foreign national
• B Only when the treatment is provided free of cost in a government hospital
• C The Consumer Protection Act does not apply to medical services under any circumstance
• D Only when the patient is paying for the services and the hospital is a private establishment ✓

Explanation

Under the Consumer Protection Act 2019, medical services are treated as 'services' under Section 2(42). D patient availing medical services for consideration falls under the definition of 'consumer.' Government hospitals providing free treatment generally do not come under this ambit as there is no consideration. This was established in Indian Medical Association v. V.P. Shantha (1995). Private hospitals charging fees are squarely covered.

Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.

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Written and medically reviewed by the StethoPrep medical team.