Q: State the relationship of doctor and patient in consumer protection act, 1986 ?

Ans: A patient is a "consumer" and the medical assistance a "service" and thus the patients aggrieved by any deficiency in treatment from both private clinics and Government hospitals, are entitled to seek damages under the Consumer Protection Act (Indian Medical Assn. v V.P. Shantha). Service includes rendering of consultation, diagnosis and treatment, both medical and surgical.
The reason that doctor's job is considered to be "service" is that nowadays doctors treat patients only in return of money, therefore wherever there is transaction of money taking place the relationship of the two persons involved becomes a relationship of seller and buyer, therefore,  the patient automatically becomes a consumer and the requirement to protect his rights and interest arises simultaneously. This is the reason that the consumer protection act came into being and the relationship of doctors patient was included in it.


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