Overview
Medical services fall within the definition of 'service' under the Consumer Protection Act, 2019, so a patient harmed by negligent diagnosis, treatment, or hospital care can claim compensation for deficiency in service before a Consumer Commission, in addition to remedies under tort and criminal law.
Key Provisions — Consumer Protection Act, 2019
- Paid medical services are covered as 'service' under the Act (per Indian Medical Association v. V.P. Shantha).
- Negligence is judged against the standard of a reasonably competent practitioner (Bolam test).
- Compensation can cover medical costs, loss of income, and pain and suffering.
- Complaints lie before the District/State/National Commission based on claim value.
What You Can Claim
Compensation for harm & expenses
Refund of fees paid
Reimbursement of further treatment
Damages for pain and suffering
How We Solve It
1
Collect Records
We obtain case papers, prescriptions, and expert opinion.
2
Assess Negligence
We evaluate breach of the standard of care.
3
File Complaint
Deficiency-in-service complaint before the Consumer Commission.
4
Pursue Compensation
We pursue the claim and compensation.
Typical timeline: Resolution typically 6–24 months depending on the forum and expert evidence.
Frequently Asked Questions
Can I claim compensation for medical negligence?
Yes — paid medical services are covered under the Consumer Protection Act, and you can claim compensation for deficiency in service.
What proof is needed for medical negligence?
Medical records, prescriptions, bills, and usually an expert medical opinion establishing breach of standard care.