Medical law: Consumer Protection and free services: 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: Consumer Protection and free services

Sample item

A charitable hospital treats some patients free and charges others. A patient who was treated free after a negligent anaesthetic mishap files a consumer complaint. Which view follows the Supreme Court ruling in Indian Medical Association v. V.P. Shantha (1995)?

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

The answer and the reasoning

C. The complaint is maintainable, since the hospital also charges others and the free patient is also covered

In V.P. Shantha, the Supreme Court held that medical services are covered by the Consumer Protection Act, but services rendered free of charge to all patients, and services under a contract of personal service, are excluded. Where a hospital charges some patients, free patients are also treated as beneficiaries of a paid service, so they may complain. The principle has been carried into the 2019 Act.

Option by option

  • A. The complaint fails, because the hospital is charitable

    Charitable status alone does not take a hospital outside the consumer law.

  • B. The complaint is maintainable only against the anaesthetist personally

    The hospital is the service provider, and the complaint is not confined to one practitioner.

  • C. The complaint is maintainable, since the hospital also charges others and the free patient is also covered (correct)

    Correct. A hospital that charges some patients is providing a paid service to all of them.

  • D. The complaint fails, because treatment was free of charge

    A wholly free hospital would be excluded, but this hospital charges others.

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 C, The complaint is maintainable, since the hospital also charges others and the free patient is also covered. In V.

Why is "The complaint fails, because the hospital is charitable" not the answer?

Charitable status alone does not take a hospital outside the consumer law.

Why is "The complaint is maintainable only against the anaesthetist personally" not the answer?

The hospital is the service provider, and the complaint is not confined to one practitioner.

Why is "The complaint fails, because treatment was free of charge" not the answer?

A wholly free hospital would be excluded, but this hospital charges others.

What concept does this question test?

It tests Medical law: Consumer Protection and free services in Forensic Medicine. P. Shantha, the Supreme Court held that medical services are covered by the Consumer Protection Act, but services rendered free of charge to all patients, and services under a contract of personal service, are excluded. Where a hospital charges some patients, free patients are also treated as beneficiaries of a paid service, so they may complain. The principle has been carried into the 2019 Act.

How hard is this question?

We tag it as a multi-step question: it asks you to combine more than one idea. 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: Consumer Protection and free services?

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.