Consumers and Medical Negligence

The Hon’ble Supreme Court in the case of Martin F. D’Souza Vs. Mohd. Ishfaq (Civil Appeal No. 3541 of 2002) – JT (2009) (2) SC 486, observed as under:-
“We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court then before issuing notice to the doctor or hospital against whom the complaint was made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after that The Hon’ble Supreme Court in the case of Martin F. D’Souza Vs. Mohd. Ishfaq (Civil Appeal No. 3541 of 2002) – JT (2009) (2) SC 486, observed as under:-
“We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court then before issuing notice to the doctor or hospital against whom the complaint was made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be then issued to the concerned doctor/hospital”.should notice be then issued to the concerned doctor/hospital”.
This Judgement of the Hon'ble Apex Court ,therefore makes meducal negligence cases different from other complaints where notice is issued to the opposite party after the Fora is convinced that there is a defieciency in service by the opposite party.
The Consumers complaint will therefore have to be admitted only after The Hon’ble Supreme Court in the case of Martin F. D’Souza Vs. Mohd. Ishfaq (Civil Appeal No. 3541 of 2002) – JT (2009) (2) SC 486, observed as under:-
“We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court then before issuing notice to the doctor or hospital against whom the complaint was made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after that doctor or committee reports that there is a prima facie case of medical negligence should notice be then issued to the concerned doctor/hospital”.