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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?
Correct Answer: B — Indian Medical Association v. V.P. Shantha and Ors
Explanation:
The correct answer is B: Indian Medical Association v. V.P. Shantha and Ors (1996 AIR 550).
This case clarified the applicability of the Consumer Protection Act, 1986 (COPRA) to the medical profession in India.
Facts:
The issue revolved around whether medical services fall under COPRA, 1986. The increasing cases of medical negligence raised the question of whether hospitals, doctors, and medical practitioners could be considered as providing 'services' under COPRA. A PIL was filed in the Supreme Court under Article 32 of the Indian Constitution to resolve this ambiguity.
Issues Raised:
Arguments:
The respondents argued that a distinction exists between professions and occupations, and that the Act only covers occupational services, excluding professional services. They also argued that medical services constitute a contract of personal service, excluded from the definition of 'services' under Section 2(1)(o) of the Act.
Judgement:
The Supreme Court held that the definition of 'services' under COPRA is broad enough to include the healthcare and medical sector. Services rendered by doctors are covered under the Act if they are paid services, either directly or through an insurance policy. Services provided free of cost for charitable purposes do not fall under this definition. This judgement established that medical professionals and institutions can be held accountable through consumer forums for negligence.