The Gujarat State Consumer Dispute Redressal Commission has clarified that patients are considered consumers under the law, even if they receive free treatment from a hospital.
This ruling allows patients or their families to seek compensation for medical negligence regardless of whether the hospital charges for services.
The decision came in a case dating back to 2013. Bharatkumar Gorahva was admitted to Akshar Hospital in Botad for kidney stone treatment. After surgery, he was given an antiseptic injection, which allegedly worsened his condition and led to his death.
His family approached the Bhavnagar District Consumer Dispute Redressal Forum, seeking compensation for medical negligence.
The district forum had initially rejected the claim, reasoning that the deceased was not a “consumer” since the hospital had provided free treatment. The family then appealed to the state commission, which disagreed with the lower forum’s reasoning.
The state commission emphasised that the hospital provides a “service” under the Consumer Protection Act, making the patient a consumer. It directed the district forum to reconsider the claim and conclude the case within six months.
This ruling reinforces that the provision of free medical services does not prevent patients or their families from claiming damages for negligence.
It also highlights the broader legal recognition of patients as consumers under the Consumer Protection Act, ensuring accountability and protection of patient rights.