New Delhi: The Supreme Court on Tuesday sought responses from the Union ministries of Health and Consumer Affairs, and the National Medical Commission (NMC) on whether medical professionals such as doctors should be excluded from the ambit of the Consumer Protection Act, 2019.
The court was hearing a public interest litigation (PIL) filed by the Association of Health Care Providers (India), which has sought changes to the law that currently allow patients to approach consumer courts over allegations of medical negligence. The apex court will hear the matter next on April 6.
In its petition, the association argued that bringing medical professionals under the 2019 Act undermines the trust-based, fiduciary nature of the doctor-patient relationship and erodes the moral foundation of medical practice.
“While the Consumer Protection Act was enacted with noble intentions, its application to healthcare is structurally and philosophically incompatible with the practice of medicine,” the association said, adding that the fear of litigation has encouraged defensive medicine, driven up healthcare costs, and weakened doctor-patient communication.
The petitioner further contended that consumer fora often lack medical expertise among adjudicators, face delays, and deliver inconsistent compensation rulings in medical negligence cases.
