IndiaCan I file a consumer complaint for medical negligence?
Yes, you can file a consumer complaint for medical negligence in India under the Consumer Protection Act, as medical services fall under 'service' and deficiencies in treatment qualify as 'deficiency'.
What the Law Says
The Consumer Protection Act, 2019 defines 'service' broadly to include medical care, and 'deficiency' to cover negligence by healthcare providers.
Under Indian law, patients are considered 'consumers' when they receive medical services — whether free or paid — because they avail themselves of a 'service'. The Consumer Protection Act, 2019 treats hospitals, clinics, doctors, and diagnostic centres as 'service providers'.
Medical negligence occurs when a healthcare professional fails to meet the standard of reasonable care expected in their profession — for example, misdiagnosis, surgical error, wrong medication, or failure to obtain informed consent. Such failures amount to 'deficiency in service', which is actionable before consumer forums.
Importantly, the Supreme Court has clarified that even charitable or government hospitals providing free treatment fall under the Act — because the patient is still availing a 'service', not receiving pure charity.
Statutory Text'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 purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
— Consumer Protection Act, 2019, s. 2(42) — Definition of 'service'
Statutory Text'deficiency' means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;
— Consumer Protection Act, 2019, s. 2(11) — Definition of 'deficiency'
What Courts Have Said
Indian courts have consistently held that medical professionals owe a duty of care to patients, and failure to meet it constitutes deficiency actionable under consumer law.
Held that medical services fall under 'service' in the Consumer Protection Act, 1986 (now 2019), and negligence in treatment is a 'deficiency' — even in charitable hospitals.
Clarified that medical negligence need not be proven with criminal intent; civil liability arises from failure to meet reasonable professional standards.
What to Do
Gather evidence: medical records, prescriptions, bills, discharge summaries, and witness statements.
File a written complaint within 2 years of the incident (or knowledge of negligence) before the appropriate Consumer Disputes Redressal Commission — District (for claims up to ₹1 crore), State (₹1–10 crores), or National (above ₹10 crores).
No court fee is required if the claim value is under ₹5 lakh; otherwise, nominal fees apply.
The Commission must issue notice to the doctor/hospital within 21 days and complete the hearing within 90 days of admission (extendable up to 150 days).
If dissatisfied with the order, appeal to the next higher Commission within 45 days.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.