The Supreme Court has agreed to examine a PIL requesting that medical professionals be excluded from the Consumer Protection Act. The PIL, filed by the Association of Healthcare Providers (India) and Dr. Alexander Thomas, seeks to direct authorities to remove medical professionals with MBBS or higher qualifications from the Act’s definition of “service.” It argues that applying consumer laws to medical professionals has negatively impacted the patient-doctor relationship.
The petition cites a Supreme Court judgment that suggested professionals were not intended to be covered by consumer protection laws. It also mentions a personal experience of Dr. Thomas, who faced a consumer forum case in the 1990s, leading to demoralization. The petition highlights delays in justice delivery under the Consumer Protection Act, stating that prolonged litigation harms both patients and doctors.
The PIL further argues that the Act has led to defensive medical practices due to fear of litigation, resulting in unnecessary tests and increased healthcare costs. It emphasizes that keeping doctors under the Consumer Protection Act undermines the unique patient-doctor relationship and is not in the best interest of either patients or society.
Senior advocate Malvika Trivedi, along with other advocates, represented the petitioners before the Supreme Court.
