India passed the Consumer Protection Act in 1986 to protect customers from unfair trade practices and malpractices, such as defective goods and unsatisfactory services. Initially, medical and professional services (like legal services) were not covered. In 2019, the Act was modified, and the Supreme Court of India interpreted it to include medical services within its ambit. The definition of a “consumer” was considered to be anyone who has paid for services—i.e., private medical services.
However, over time, even government medical services, which are free for the common man, have come under its purview through extended interpretations. This has led to defensive medical practice, escalating the cost of healthcare for the public. In India, the consultation fees charged by doctors are minimal compared to those in the USA, Europe, and other countries. Yet, in medical negligence cases, the…
