Landmark Judgements — Cite These in Court
Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651
Supreme Court
Doctors and hospitals are service providers under CPA. Any patient can file a consumer complaint for medical negligence.
View on IndianKanoon →
Kusum Sharma v. Batra Hospital (2010) 3 SCC 480
Supreme Court
Sets 8 principles for medical negligence. A doctor who follows accepted practice is not negligent merely because an alternative existed.
View on IndianKanoon →
Nizam's Institute v. Prasanth Dhananka (2009) 6 SCC 1
Supreme Court
Compensation for permanent disability must cover all future medical costs plus loss of income. Awarded ₹1.39 crore.
View on IndianKanoon →
⚖️ Browse All 134+ Judgements →
Frequently Asked Questions
Can I file a consumer complaint against a government hospital? +
Yes — Supreme Court in V. Krishnakumar v. State of Tamil Nadu (2015) confirmed that government hospital doctors are service providers and the State is vicariously liable.
What compensation can I expect for medical negligence? +
Compensation depends on the severity of harm. Permanent disability and death cases can receive ₹25 lakh to ₹1+ crore based on NCDRC precedents. Minor negligence: ₹25,000–₹5 lakh.
What is the time limit to file? +
2 years from the date of the negligent act or from the date you discovered the negligence (Section 69, CPA 2019).
Do I need a medical expert opinion? +
It is strongly advisable. Courts look for expert evidence confirming that the doctor/hospital deviated from the standard of care.