Chapter: 4 Consumer Jurisdiction Of Medical Negligence Related Cases

Consumer Jurisdiction Of Medical Negligence Related Cases

Objectives
Consumer jurisdiction of medical negligence related cases was a subject matter of great controversy and was agitated upto the level of Supreme Court. The objective of this chapter is to apprise the medical men of this saga and to say that Medical profession is now unequivocally covered within the jurisdiction of COPA.

Introduction
It is relevant to note that coverage of hospital and profession was never in doubt so far as redressal agencies constituted under the Act concerned. An order passed by National Commission in M/s. Cosmopoitan Hospital And Anr v/s Smt Vassanta I' Nair and others, V-VI-1992 (1)   CPR 820 (NC) says in unequivocal terms as follows:
1) The activity of providing medical assistance for payment carried on by hospitals and members of medical profession falls within the scope of the expression service as defined in Section 2(1) (0) of the Consumer Protection Act and in the event of any deficiency in the performance of such service the aggrieved party can invoke remedies provided under the Act by filing a complaint before the Consumer Forum having jurisdiction.
2)  The expression 'consumer' defined in Section 2(1)(d) of the Consumer Protection Act includes legal representatives of the deceased consumers.