Hospitals and Healthcare services

YES, hospitals and healthcare services come under the Consumer Protection Act, 2019,

but with some exceptions. Patients can ﬁle complaints against hospitals, doctors, and

medical institutions for deﬁciency in service, medical negligence, and unfair trade

practices.

When Are Hospitals Covered Under the Act?

1. If a patient pays for treatment, they qualify as a consumer under the Act.

2. Payment includes

a. Consultation fees

b. Surgery costs

c. Diagnostic services

d. Hospital stays.

3. Patients can claim compensation for medical negligence, poor treatment,

wrong diagnosis, or overcharging.

When are Hospitals NOT Covered?

1. Government Hospitals & Free Treatment

• If a hospital provides free treatment, the patient is not a consumer

under the Act.

• However, patients can ﬁle cases under constitutional and medical laws

(e.g., Right to Life under Article 21 of the Indian Constitution).

2. Cases Requiring Criminal Action

If a doctor’s negligence is criminal in nature (e.g., illegal organ trade,

intentional harm), it should be reported to police/courts instead of

consumer forums.

How to File a Complaint?

1. First, File a Complaint with the Hospital

Submit a written complaint to the hospital administration and keep a copy.

2. Approach the Medical Council of India (MCI) (For Negligence by Doctors)

• If a doctor is involved, a complaint can also be ﬁled with the State Medical

Council or National Medical Commission (NMC).

3. File a Complaint with the Consumer Commission

• Online: e-Daakhil Portal

• Oline: District/State/National Consumer Disputes Redressal Commission

based on claim amount.

For better chances of successful claims, keep the following with you

1. Admission & Discharge Summary including diagnostic reports.

2. Bills and Invoices of: Consultation / Medicine / Tests / Room / Procedures

3. Documentary / Audio / Visual evidence (if any) without violating privacy issues.

When can you ﬁle a Complaint?

1. Deﬁciency in Services

Wrong treatment, unhygienic conditions, denial of proper care,

or overbilling.

2. Medical Negligence Cases

3. Overcharging & Unfair Billing – for medicines / Tests / Services

4. Denial of Treatment in Emergencies: Private hospitals cannot refuse

emergency treatment (especially in accident cases).

5. Insurance-Related Disputes: wrong denial of cashless treatment etc.