Medical Negligence — Consumer Rights

Medical services (whether at private hospitals or for-pay services at government hospitals) are covered under the Consumer Protection Act — patients are consumers.

• Consumer Commission jurisdiction over medical services: Confirmed by the Supreme Court — a patient paying for medical services can file a consumer complaint for deficiency in service or negligence.
• Standard of care (Jacob Mathew, 2005): A doctor is liable only for gross negligence (failure to exercise the ordinary standard of care expected of a reasonably competent doctor), not mere errors of judgment in complex situations.
• Informed consent: Doctors must obtain the patient's written informed consent before any surgery or procedure — performing an operation without consent is both a consumer deficiency and a criminal assault.
• Right to medical records: Patients have the right to access their medical records, test results, and discharge summaries — hospitals cannot withhold these (NMC Regulations 2023).
• Right to second opinion: Patients have the right to seek a second medical opinion at any time — a hospital cannot refuse to discharge a patient solely because they want a second opinion.
• NMC Complaints: Complaints against doctors for professional misconduct can also be filed with the National Medical Commission (NMC) or State Medical Councils — these are regulatory proceedings separate from consumer complaints.