Doctors file review petition in SC for exclusion from Consumer Protection Act

In a significant legal development, medical professionals have filed a review petition in the Supreme Court against a previous decision that classified doctors within the ambit of the Consumer Protection Act, 1986. This legal challenge highlights the medical community’s growing concerns over being seen primarily as service providers under consumer laws, which they argue could undermine patient trust and the inherent risks involved in medical practice.

The initial ruling on April 29, 2022, stated that healthcare services provided by doctors fall under the scope of the Consumer Protection Act, thereby allowing patients to file complaints against medical practitioners as consumers. This interpretation was affirmed despite an appeal that contested the application of the consumer law to medical services, arguing that it adversely affects the doctor-patient relationship by potentially viewing every patient as a litigant.

The Supreme Court, led by Justice D.Y. Chandrachud, had dismissed an application from the Medico Legal Action Group, which argued against the Bombay High Court’s order that upheld the application of the consumer act to doctors. The group contended that this inclusion is detrimental to the morale of healthcare providers, who require the confidence of their patients to perform potentially life-saving procedures without the fear of legal repercussions.

Adding to the controversy, the Supreme Court has also addressed the parity claims between Ayurvedic/Ayush doctors and allopathic physicians, dismissing a petition that sought equal pay and benefits for the former, based on the differences in educational qualifications and standards between the two disciplines. The court ruled that Ayurvedic practitioners in Kerala could not demand the same compensation as medical doctors, given the qualitative differences in their training and degree courses. Law Trend