Supreme Court Petition Seeking Doctors’ Exclusion From CPA Sparks Sharp Debate | File Photo
Mumbai: The petition filed by the Association of Healthcare Providers (India) (AHPI) before the Supreme Court, seeking the exclusion of medical professionals from the scope of the Consumer Protection Act, has sparked a debate among consumer rights activists. While activists argue that such a petition deserves immediate dismissal, members of the medical fraternity have called for constructive dialogue between policymakers, regulatory bodies, and medical professionals, stating that such discussions would benefit both consumers and professional service providers. Reference To SC RulingThe petition maintains that treating medical care like an ordinary consumer service does not reflect the unique nature of the profession. It refers to the 2024 Supreme Court ruling that held lawyers to be outside the ambit of the Act, noting that professional services differ from commercial services.Safeguards Against Frivolous Cases
Advocate Adnan Mookhtiar, commenting on the petition, said that medical negligence is a reality that cannot be denied. “In cases of medical negligence, the standard of proof required to prosecute a doctor—whether in criminal, civil, or consumer litigation—is already very high. The Bolam test must be satisfied to establish negligence. Thus, doctors already have safeguards to protect them from frivolous litigation. Hence, to protect the common man and maintain high standards of healthcare, doctors should not be removed from the ambit of the Consumer Protection Act,” he opined.
PIL Termed MisconceivedMeanwhile, Advocate Shirish V. Deshpande, Chairman of the Mumbai Grahak Panchayat, expressed a sharp view on the PIL, stating that the medical profession cannot escape accountability. “The petition is misconceived. Firstly, it cannot be termed a PIL, as it is not in the public interest but seeks to protect only the interests of the medical community vis-à-vis the larger public. Secondly, such a PIL ought to have been dismissed since the Supreme Court has already revisited the ‘IMA vs V.P. Shantha’ judgment very recently, following a recommendation by one of its benches. The Chief Justice’s bench has unfortunately set a wrong precedent by seeking the views of the Health Ministry and the Ministry of Consumer Affairs after a larger bench had reaffirmed the IMA vs V.P. Shantha case. To equate the professions of lawyers and doctors is incorrect. The Supreme Court itself has distinguished between the two professions. However, the Mumbai Grahak Panchayat is also of the view that even lawyers should be made accountable to litigants under the CPA. On merits, the grounds advanced in this so-called PIL are not new. They have already been extensively dealt with by the Supreme Court in the IMA vs V.P. Shantha case in 1995 and again recently while reviewing the judgment last year. Mumbai Grahak Panchayat firmly believes that doctors as well as lawyers are accountable to their patients and clients and must therefore be held accountable under the Consumer Protection Act, 2019.” Also Watch:
Allegations Of MalpracticesAdvocate Anand Patwardhan questioned why medical professionals were seeking to be excluded from the purview of the CPA, alleging several malpractices in billing, avoidable surgeries, hospitalisation, and unnecessary medication. “Despite the Consumer Protection Act being in force, numerous cases of inflated billing, avoidable surgeries, unnecessary hospitalisation, and unwanted medication continue to surface. Not only that, but medical councils are often perceived as biased and unfair. Despite such exposures, doctors want to escape the purview of the CPA. There are already sufficient procedural and protocol protections available to doctors while defending complaints, making it extremely difficult to prove negligence,” he said.Call For Balanced ApproachMeanwhile, Dr. Aniket Mule, Consultant – Internal Medicine at KIMS Hospitals, Thane, offered a balanced perspective. “The Consumer Protection Act was introduced with the intention of safeguarding patient rights and ensuring accountability in service delivery. At the same time, it is important to recognise that medical practice is a highly specialised field where outcomes are not always predictable, despite best efforts and adherence to established guidelines. Many doctors feel that the fear of litigation can sometimes lead to defensive medicine, which may not always be in the best interest of patients. A balanced approach is essential—one that protects patient welfare while also acknowledging the complexities and ethical responsibilities involved in medical decision-making. Constructive dialogue between policymakers, regulatory bodies, and the medical fraternity will help create a framework that supports both patient safety and a healthy doctor-patient relationship.”To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/