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MEDICAL NEGLIGENCE

- SANJEEV SINHA

In a recent case, the Gujarat State Consumer Disputes Redressal Commission clarified that even if a hospital does not charge any money, the patient remains a consumer because the hospital provides a service under the provisions of the Consumer Protection Act.

"Courts have clarified that patients receiving free care in hospitals that also offer paid services are treated as consumers. However, hospitals providing only free treatment may fall outside the Act's scope, unless payments or cross-subsidies are involved," says Smita Paliwal, partner, King Stubb & Kasiva, Advocates and Attorneys.

What is medical negligence?

Medical negligence arises when a medical professional deviates from reasonable standards of care, causing injury to the patient. "The Supreme Court has clarified that not every mishap amounts to negligence; only 'actionable negligence' applies — where a duty of care existed, was breached, and resulted in damage," says Nidhi Singh, partner, IndiaLaw LLP.