Question

Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases

• A. Bhatia International v. Bulk Trading S.A
• B. Indian Medical Association v. V.P. Shantha and Ors
• C. Manekha Gandhi v. Union of India
• D. Lucknow Development Authority v. M.K.Gupta

Hint:

For consumer law, remember these two landmark cases and their contribution: - \textit{Lucknow Development Authority v. M.K. Gupta}: Gave a wide meaning to "service," covering housing and statutory bodies. - \textit{Indian Medical Association v. V.P. Shantha}: Specifically brought "medical services" under the definition of service, making doctors and hospitals liable under the Consumer Protection Act.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
This question asks for the landmark Supreme Court case that brought medical services under the purview of the Consumer Protection Act, 1986, thereby making medical professionals accountable for deficiency in service.
Step 2: Detailed Explanation:
- (B) Indian Medical Association v. V.P. Shantha and Ors (1995): This is the seminal case on the subject. The Supreme Court conclusively held that medical services are a 'service' under Section 2(1)(o) of the Consumer Protection Act, 1986. The Court ruled that patients who avail of these services are 'consumers'. This means that a medical practitioner or a hospital can be held liable for 'deficiency in service' (i.e., negligence) before a consumer forum. The judgment made it clear that this applies to services rendered for a charge, and also includes cases where services are provided free of charge if the hospital charges other patients.
- (D) Lucknow Development Authority v. M.K.Gupta (1994): This was also a very important case that gave a wide interpretation to the term 'service', bringing statutory authorities like housing boards under the Act's purview, but \textit{V.P. Shantha} is the specific case dealing with medical professionals.
- (A) Bhatia International v. Bulk Trading S.A: This case relates to arbitration law.
- (C) Maneka Gandhi v. Union of India: This is a landmark constitutional law case on Article 21 (Right to Life and Personal Liberty).
The case that specifically emphasized the accountability of medical professionals under consumer law is \textit{Indian Medical Association v. V.P. Shantha}.