Consumer Protection Act 1986 & Its Medical Profession related Provisions After The
Judgment Honorable Supreme Court of India dated 13-11-95
DEFINITIONS
Comments
On the meaning of the word "service" in relation to medical
profession, the Supreme Court in Indian Medical Association v. V.P.
Shantha & Ors. (supra) came to the following conclusions:
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Service
rendered to a patient by a medical practitioner (except) where the
doctor rendered service free of charge to every patient or under a
contract of personal service), by way consultation, diagnosis and
treatment, both medicinal and surgical, would fall within the ambit of
'service' as defined in section 2(1) (o) of the Act.
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The
expression 'contract of personal service' in section 2(1) (o) of
the Act cannot be confined to contracts for employment of domestic
servants only and the said expression would include the employment of
a medical officer for the purpose of rendering medical service to the
employer. The service rendered by a medical officer to his employer
under the contract of employment would be outside the purview of 'service'
as defined in section 2(1) (o) of the Act.
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Service
render at a Government hospital/health centre/dispensary or at
non-government hospital/nursing home where no charge whatsoever is
made from any person availing the service and all patients (rich and
poor) are given free service- is outside the purview of the expression
"service" as defined in section 2(1) (o) of the Act. The payment
of a token amount for registration purpose only at the
hospital/nursing home would not alter the position.
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Service
rendered at a non-government hospital/nursing home where charges are
required to be paid by the person availing such services falls within
the purview of the expression 'service' as defined in section 2(1)
(o) of the Act.
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Service
rendered at Government hospital/Health centre/ Dispensary or at a \n
non-government Nursing home where charges are required to be paid by
persons who are in a position to pay and persons who cannot afford to
pay are rendered service free of charge would fall within the ambit of
the expression 'service' as defined in section 2(1) (o) of the Act
irrespective of the fact that the service is rendered free of charge
to persons who are not in a position to pay for such services. Free
service, by such doctors and hospitals would also be 'service' and
the recipient a 'consumer' under the Act.
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Service
rendered by a medical or hospital/nursing home cannot be regarded as
service rendered free of charge, if the persons availing the service
has taken an insurance policy for medical care where under the policy
charges for consultation diagnosis and medical treatment are borne by
the insurance company and such service would fall within the ambit of
'service' as defined in section 2(1) (o) of the Act.
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Similarly,
where as a part of the conditions of service, the employer bears the
expenses of medical treatment of an employee and his family member
dependent on him, the service rendered to such an employee and his
family members by a medical practitioner or a hospital/nursing home
would not be free of charge and would constitute 'service' under
section 2(1) (o) of the Act.
Careers
