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Medical negligence under Consumer protection act

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SERVICES NOT COVERED

WHEN DOES A MEDICAL SERVICE NOT FALL UNDER THE UNDER THE ACT

A medical service does not fall under the purview of the Consumer Protection Act in the following cases:

  • Where service is rendered free of charge by a medical practitioner attached to a hospital/Nursing home or a medical officer employed in a hospital/Nursing home where such services are rendered free of charge to everybody. The payment of a token amount for registration purpose only at the hospital/nursing home would not alter the position.

  • Where a service rendered at a non-Government hospital/Nursing home where no charge whatsoever is made from any person availing the service and all patients (rich and poor) are given free service. The payment of a token amount for registration purpose only at the hospital/Nursing home would not alter the position.

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Introduction
Duties owed by medical practioner
Services covered
Services not covered
Remedies
Important cases

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