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To Be or Not to Be Sued under Consumer Protection Act: Medicolegal dilemma for the Health Care Providers

Shri Gopal Kabra , Shri Gopal Kabra1 , Vivekanshu Verma2

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Indian Journal of Legal Medicine 5(1):p 57-68, . | DOI: n.a
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Shri Gopal Kabra, Vivekanshu Verma. To Be Or Not To Be Sued under Consumer Protection Act: Medicolegal dilemma
for the Health Care Providers. Indian Journal of Legal Medicine. 2024;5(1):57–68.
 

Received : N/A         Accepted : N/A          Published : N/A
Abstract

A landmark judgment by the Hon'ble Apex Court in Bar of Indian Lawyers vs. D.K. Gandhi   (2024) has illuminated the medicolegal dilemmas faced by health care providers under the Consumer Protection Act (CPA). This paper critically examines the judiciary's interpretation that professions, including medical and legal, are excluded from the scope of the CPA 2019.  The legal analysis with critical eyes and juristic approach, reveals that the Act, intended to  safeguard consumers from unfair trade practices, does not encompass the services rendered  by professionals whose work is grounded in specialized knowledge and skill. The judgment
underscores the necessity for judicial interpretation in clarifying legislative intent, emphasizing   that professionals should not be categorized alongside traders and businessmen. This exclusion   reflects a deliberate legislative choice, aiming to distinguish the unique nature of professional services from commercial transactions. The paper further explores the implications of this ruling
for health care providers, advocating for a procedural strategy to raise preliminary objections against complaints filed under the CPA 2019. Ultimately, this judgment serves as a definitive   guide, reinforcing the specialized regulatory frameworks governing professional conduct and   ensuring that medical professionals are rightly excluded from the consumer protection ambit.
 

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  • Shri Gopal Kabra
    ,
  • Shri Gopal Kabra1
    ,
  • Vivekanshu Verma2
    ,
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Cite this article

Shri Gopal Kabra, Vivekanshu Verma. To Be Or Not To Be Sued under Consumer Protection Act: Medicolegal dilemma
for the Health Care Providers. Indian Journal of Legal Medicine. 2024;5(1):57–68.
 

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Keywords Health Care Provider (HCP); Doctor; Lawyer; Court; Laws; Consumer Protection Act (CPA)

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