NEW DELHI: The Supreme Court has stayed National Consumer Disputes
Redressal Commission’s order bringing free medical services provided by
government hospitals within the ambit of Consumer Protection Act to make
doctors and hospital liable to pay compensation for any kind of
negligence.
A bench of Justices Madan B Lokur and Deepak Gupta agreed to examine Centre’s plea who rushed to the apex court challenging NCDRC’s order to bring all government hospitals providing free treatment to patients under consumer protection law. The centre contended that the free services provided by government authorities could not be brought within the domain of consumer law.
Making government hospitals liable for medical negligence, the apex consumer court had last year directed Delhi’s Safdarjung Hospital to pay compensation of Rs two lakh to a parents for not treating their born baby properly leading to her death one and half months after being admitted in the hospital. The consumer court held that the hospital was negligent in not admitting the baby in the nursery ICU where she could have been given proper medical care. The hospital had treated the baby in general ward and had refused to admit her in nursery on the ground that it was their policy not to admit out born baby to nursery as there was chance that it could cause infection to other babies.
A bench of Justices Madan B Lokur and Deepak Gupta agreed to examine Centre’s plea who rushed to the apex court challenging NCDRC’s order to bring all government hospitals providing free treatment to patients under consumer protection law. The centre contended that the free services provided by government authorities could not be brought within the domain of consumer law.
Making government hospitals liable for medical negligence, the apex consumer court had last year directed Delhi’s Safdarjung Hospital to pay compensation of Rs two lakh to a parents for not treating their born baby properly leading to her death one and half months after being admitted in the hospital. The consumer court held that the hospital was negligent in not admitting the baby in the nursery ICU where she could have been given proper medical care. The hospital had treated the baby in general ward and had refused to admit her in nursery on the ground that it was their policy not to admit out born baby to nursery as there was chance that it could cause infection to other babies.
“Safdarjung hospital should have provided nursery facilities to the infant who was in critical condition. The facility was not made available arbitrarily and arrogantly on flimsy ground. A badly needed facility was denied on the basis of arbitrary and discriminatory policy of the hospital which is totally unacceptable,” the consumer court had said.
The court also refused to accept plea of the hospital that it was providing free treatment to patients and it could be made liable under consumer law. “Free services would also be a service and the recipient a consumer under the Act,” the court had said.
As NCDRC’s will have a wider ramification, bringing all government
hospital within the ambit of consumer law, the Centre filed appeal in
the apex court challenging the verdict. Referring to SC’s 1995 verdict,
additional solicitor general Pinky Anand and advocate Rajesh Ranjan,
appearing for the government, said that doctors and hospitals who
render free services to every person were not covered under the Act.
Agreeing with the Centre’s submission, the bench said that the issue needed to be adjudicates and issued notice on government’s petition..” In the meanwhile, there shall be a stay of operation of the impugned judgment and order passed by the National Consumer Disputes Redressal Commission.
”Amit Anand Choudhary | TNN | Oct 17, 2017, 18:40 IST
Agreeing with the Centre’s submission, the bench said that the issue needed to be adjudicates and issued notice on government’s petition..” In the meanwhile, there shall be a stay of operation of the impugned judgment and order passed by the National Consumer Disputes Redressal Commission.
”Amit Anand Choudhary | TNN | Oct 17, 2017, 18:40 IST
services under consumer law ambit
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