Abstract Indifference towards victims of accidents and those in emergency medical conditions and even women under labour who are about to deliver is not peculiar to India but is prevalent in other countries also. The SC of India as long back as 1989 observed in Parmanand Katara vs. Union of India that when accidents occur and the victims are taken to hospitals or to a medical practitioner, they are not taken care of for giving emergency medical treatment on the ground that the case is a medico-legal case and the injured person should go to a Government Hospital.

The SC emphasized the need for making it obligatory for hospitals and medical practitioners to provide emergency medical care. Delhi State Consumer Court first taken up for consideration the question of maintainability of award against the hospital in case of brought dead patient: This paper deals with critical review of recent…