Indian Medical Association v VP Shantha, AIR 1996 SC 550
| CASE NAME | Indian Medical Association v. V. P. Shantha |
| CITATION | AIR 1996 SC 550 |
| DATE OF JUDGMENT | 13th November, 1995 |
| BENC | J. S. Verma, N. P. Singh and B. N. Kirpal, JJ. |
BACKGROUND: The case dealt with the issue of whether a doctor could be held liable for medical negligence if they did not inform the patient about the risks associated with a particular medical procedure.
The case arose from a dispute between the Indian Medical Association (IMA) and the government of Karnataka over certain regulations that required doctors to disclose the risks associated with a medical procedure before performing it.
ISSUE: Whether a doctor can be held liable for medical negligence if they do not inform the patient about the risks associated with a particular medical procedure.
HELD: The Supreme Court held that a doctor has a duty to inform the patient about the risks associated with a medical procedure. The failure to disclose the risks could amount to medical negligence. The Court also held that the IMA could not challenge the regulations requiring doctors to disclose the risks to patients.
RATIONALE: The Court observed that the right to know about the risks associated with a medical procedure was a fundamental right of the patient. The Court held that the doctor had a duty to provide the patient with all the necessary information about the medical procedure, including its risks, benefits and alternatives. The Court further observed that failure to disclose the risks could amount to medical negligence and could result in liability for the doctor.
SIGNIFICANCE: The Indian Medical Association v. V. P. Shantha case was a landmark case in the field of medical negligence in India. It established the duty of doctors to inform patients about the risks associated with a medical procedure and emphasized the importance of informed consent. The judgment has had far-reaching implications for the medical profession in India and has been cited in numerous subsequent cases.
SUMMARY: The case of Indian Medical Association v. V. P. Shantha was a landmark case in the field of medical negligence in India.
The case dealt with the issue of whether a doctor could be held liable for medical negligence if they did not inform the patient about the risks associated with a particular medical procedure.
The Supreme Court held that a doctor has a duty to inform the patient about the risks associated with a medical procedure, and failure to disclose the risks could amount to medical negligence.
The judgment has had far-reaching implications for the medical profession in India and has been cited in numerous subsequent cases.
Review of the Case
Numerous complaints were submitted to the consumer courts under the Consumer Protection Act of 1986 demanding compensation due to the rise in medical negligence cases. There was uncertainty on whether medical practitioners, hospitals, and other healthcare providers came under the definition of service in Section 2(1)(o) of the Act, recognising patients as customers with the ability to file a claim for compensation in consumer courts.
The Act’s definition of service in Section 2(1)(o) is: service of any sort made available to potential customers, including the delivery of facilities related to banking, financing, insurance, transportation, processing, the provision of electrical or other energy,
However, it excludes providing any service for no payment or under a contract of personal service. Examples of these services include providing food, accommodation, or both, house construction, entertainment, amusement, or the dissemination of news or other information.
Medical services are neither expressly included nor excluded by the definition. An interpretation that brought medical treatments that were not provided for free under the definition’s excluding clause might be used. The provision of such services under a contract of personal service to be excluded or not was a different issue that needed to be taken into account.
