Medical law: VP Shantha judgment: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law: VP Shantha judgment

Sample item

A patient treated for a fee at a private nursing home files a consumer complaint for negligence, and the doctor argues that medical services are exempt. What did the Supreme Court hold in Indian Medical Association v VP Shantha (1995)?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

D. Medical services rendered for payment fall under the Consumer Protection Act, while services entirely free of charge do not

The Court held that a service given for consideration is a service under the Act, including private doctors and hospitals and paying patients in government hospitals. Services rendered entirely free, and under a contract of personal service, are outside it.

Option by option

  • A. Doctors are exempt because medicine is a profession

    The Court rejected the idea that the profession is exempt from the Act.

  • B. All medical services, including entirely free ones, are covered

    Entirely free services remain outside the Act.

  • C. Only hospitals, and not individual doctors, can be sued

    Individual doctors were also held to be covered.

  • D. Medical services rendered for payment fall under the Consumer Protection Act, while services entirely free of charge do not (correct)

    Correct. Paid medical services are covered and entirely free ones are not.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

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Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is D, Medical services rendered for payment fall under the Consumer Protection Act, while services entirely free of charge do not. The Court held that a service given for consideration is a service under the Act, including private doctors and hospitals and paying patients in government hospitals.

Why is "Doctors are exempt because medicine is a profession" not the answer?

The Court rejected the idea that the profession is exempt from the Act.

Why is "All medical services, including entirely free ones, are covered" not the answer?

Entirely free services remain outside the Act.

Why is "Only hospitals, and not individual doctors, can be sued" not the answer?

Individual doctors were also held to be covered.

What concept does this question test?

It tests Medical law: VP Shantha judgment in Forensic Medicine. Services rendered entirely free, and under a contract of personal service, are outside it.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: VP Shantha judgment?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.