The realm of laws relating to “medical negligence” has three dimensions and are covered under three different legal categories i.e.

Under the Civil Laws
Under the Criminal Laws
Under the Consumer Laws
The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the case of India Medical Association v. VP Shantha (Civil Appeal No. 688 of 1993) held that medical services are within the ambit of the term “Services” defined in the Consumer Protection Act, 1986. Thus, the patients can now sue the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for deficiency in services before an appropriate Consumer Forum if patients sustained injuries in the course of treatment.