INTRODUCTION:
It is the duty of the government to provide the fundamental right to life and personal liberty guaranteed by Article 21 of the Constitution1. Therefore, it is the duty of the state to provide to all citizens adequate and proper medical services. The consumer protection Act 1986 was enacted ‘to provide for better protection of the interests of the consumers’– the consumers of goods and services as defined under the Act. The Consumer protection tries to help consumer to participate actively in the market processes, not only when he goes to buy goods but also when he goes to a medical practitioner for treatment. Patient is consumer under consumer protection Act 1986. Doctors owe certain duty to take care of the patient and to give proper treatment for some consideration. But he gives treatment to the patient without care and caution is called as negligence. He will be liable for his negligence act and given compensation to the patient. It comes under section 2(1) (0) of the consumer protection Act 1986.
DEFINITIONS:
Patient:
Patient is defined as someone under medical care.2
Consumer:
A consumer is a person who hires or avails of any services for a consideration that has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person hires or avails of the services for consideration paid or promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. This definition is wide enough to include a patient who merely promises to pay.3
Service:
"Service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the