In a significant ruling, the Supreme Court of India recently decided that advocates cannot be held liable under the Consumer Protection Act, 1986 (CPA) for deficiency in service. This decision contrasts with the court's earlier stance from 1995, which held medical professionals accountable under the same Act.
The recent judgment underscores a crucial distinction in the application of the CPA between legal and medical services. By exempting advocates from liability, the Supreme Court has clarified that legal practitioners are not subject to the consumer protection framework intended to address service deficiencies.
However, the court has also suggested a re-examination of the definition of ‘services’ under the CPA, particularly concerning the inclusion of the medical sector. This suggestion highlights the ongoing debate about whether medical services should be treated differently from other professional services within the consumer protection framework.
The 1995 decision to include medical professionals under the CPA was based on the premise that patients, as consumers, have the right to seek redressal for medical negligence or deficiencies in service. This inclusion aimed to enhance accountability and ensure better standards of care in the healthcare sector.
The current ruling invites policymakers to reconsider whether the existing framework appropriately addresses the complexities and unique challenges of the medical profession. It raises questions about the balance between protecting consumer rights and acknowledging the professional judgment and inherent risks involved in medical practice.
In conclusion, while the Supreme Court has exempted advocates from liability under the Consumer Protection Act, the inclusion of medical professionals remains. The suggestion to re-examine the definition of ‘services’ under the CPA may lead to significant changes in how the law applies to the medical sector, potentially impacting both healthcare providers and patients
Read More- Doctors and the Consumer Protection Act, 1986
