Can I complain against a hospital or doctor for negligence?
Simple answer
Yes. Paid medical treatment is a 'service', so you can claim compensation for negligence in the Consumer Commission. You can also complain to the State Medical Council about misconduct. A police case is only for gross (very serious) negligence. A bad result alone is not negligence.
Real-life examples
After Fatima's surgery at a private hospital, a swab was found left inside her body and she needed a second operation. This is the kind of clear lapse for which she can seek compensation in the Consumer Commission.
Joseph's father had a heart operation that was done properly, but he did not recover. Doctors must use reasonable skill and care; they cannot guarantee a cure. A poor outcome alone is not negligence.
Lakshmi was treated at a government hospital where everyone is treated free. That treatment may not count as a 'service' under consumer law, so she should ask a lawyer about other remedies, such as a civil suit.
What should you do?
- 1Ask the hospital in writing for complete medical records, test reports and bills. Keep copies of everything.
- 2Get an opinion from another qualified doctor on what went wrong. Commissions often rely on expert medical evidence.
- 3Send a written complaint to the hospital management and ask for a reply.
- 4File a consumer complaint on e-Jagriti within 2 years, claiming compensation. Which commission hears it depends on the amount you paid.
- 5For a doctor's misconduct, complain to the State Medical Council. If a death was caused by gross negligence, talk to a lawyer about a police complaint.
- 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.
Exceptions & limits
- Treatment given free to everyone (as at some government hospitals) is not a 'service' under consumer law. If a hospital charges most patients, free patients there may still be covered.
- For a criminal case, negligence must be gross; an ordinary error of judgment is not a crime. Courts expect a credible medical opinion before a doctor is prosecuted.
Official legal reference
Indian Medical Association v. V.P. Shantha (1995)
Supreme Court: medical services for a fee are a 'service' under consumer law; services free to everyone are not.
Jacob Mathew v. State of Punjab (2005)
Supreme Court: doctors face criminal liability only for gross negligence; a complaint should be backed by a credible medical opinion.
Bharatiya Nyaya Sanhita, 2023 — Section 106(1)
Causing death by negligence: up to 5 years and fine; for a registered doctor during a medical procedure, up to 2 years and fine.
Earlier: IPC Section 304ARead the official textConsumer Protection Act, 2019 — Sections 2(11), 2(42)
'Deficiency' includes negligence causing loss or injury; 'service' covers paid services, except free services and personal service contracts.
National Medical Commission Act, 2019
State Medical Councils can take disciplinary action against doctors for professional or ethical misconduct.
Where to get help
e-Jagriti (Consumer Commission e-filing)
File a case before the District, State or National Consumer Commission online.
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 20 Jul 2020
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.