The Supreme Court has dismissed a curative petition challenging its 1995 ruling that brought medical services under the Consumer Protection Act (CPA). This decision upholds the liability of doctors and hospitals for deficiencies in medical services.
A five-judge bench, including Justices Vikram Nath, BV Nagarathna, MM Sundresh, Prashant Kumar Mishra, and KV Viswanathan, issued the order on September 9, 2026. They found no grounds to entertain the petition filed by the Medico Legal Society of India.
The 1995 Landmark Judgment
The 1995 judgment in Indian Medical Association vs VP Shantha was a turning point. It ruled that medical services, including consultation, diagnosis, and treatment, fall under the definition of ‘service’ in the CPA, allowing patients to file complaints against doctors and hospitals for deficiencies.
Recent Challenges and Court’s Response
In November 2024, the Supreme Court declined to reconsider the Shantha ruling, despite a reference triggered by a judgment excluding lawyers from the CPA’s purview. A two-judge bench had earlier suggested revising the 1995 judgment, but a subsequent bench refused, stating the reference was unnecessary.
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The Medico-Legal Society of India then filed a plea seeking a review, which was dismissed. The recent curative petition met the same fate, with the court upholding the 1995 judgment.
Implications for Patients and Doctors
The decision maintains a critical avenue for patients to seek redressal for medical negligence or deficiencies. It also means doctors and hospitals must continue to adhere to the standards set by the CPA, ensuring accountability in healthcare services.
The AHPI Plea and Ongoing Debate
The Association of Healthcare Providers (India) filed a writ petition asking for directions to the Centre and the National Medical Commission (NMC) to declare that services performed by healthcare service providers are not included in the purview of the CPA 2019 and to direct all consumer forums not to accept complaints filed under the CPA against healthcare service providers.
