Medical negligence: consumer complaint against a doctor or hospital

Is medical treatment covered?

Yes. In Indian Medical Association v. V.P. Shantha (1995), the Supreme Court held that medical services provided for a fee are services under consumer law. Treatment given entirely free of charge, such as at a government hospital that charges no patient, is generally outside it. The ruling has been challenged in recent years. On 9 September 2026, a five-judge bench of the Supreme Court dismissed a curative petition against it, and a separate challenge was listed for hearing later that month. As of October 2026, V.P. Shantha remains the law.

What counts as negligence

A bad outcome alone is not negligence. A doctor is negligent if they fail to act as a reasonably competent practitioner would, judged by practices accepted by a responsible body of medical opinion. An honest error of judgment is not enough. Examples that may amount to negligence:

• Failing to carry out standard tests, leading to a wrong diagnosis
• Operating without informed consent
• A wrong drug or dose, or surgery on the wrong site
• An instrument or swab left inside the body
• Poor monitoring after surgery

Step 1: Get the medical records

Ask the hospital in writing for a copy of the complete records: case sheet, consent forms, investigation reports, nursing notes, operation notes, the discharge summary and bills. Patients are entitled to their records, and a refusal or delay can itself be raised before the Commission.

Step 2: An independent medical opinion

An opinion from another specialist on whether the treatment met accepted standards is usually the most important evidence. The Supreme Court has held that an expert opinion is not needed in every case, for example where negligence is obvious (V. Kishan Rao v. Nikhil Super Speciality Hospital, 2010), but in most cases it decides the outcome.

Step 3: Notice and complaint

Send a legal notice to the hospital and the treating doctors, then file a complaint before the Consumer Commission. The Commission depends on the amount paid for the treatment. See fees, time limits and appeals.

Time limit

The two-year limit runs from when the cause of action arose. Where the negligence came to light only later, the Supreme Court has held that time runs from when it was discovered (V.N. Shrikhande v. Anita Sena Fernandes, 2010).

Other routes

• A complaint to the Tamil Nadu Medical Council about professional misconduct, which concerns the doctor’s registration rather than compensation
• A criminal complaint, which requires gross negligence, a much higher standard set by the Supreme Court in Jacob Mathew v. State of Punjab (2005)

Common questions