Part I

• Indian Medical Association versus V.P. Shantha and Others.
• (Supreme Court Judgment dated November 13, 1995)

Part II
Substantive Law Related to Medical Practitioners/Hospitals/Nursing Homes

1. Negligence
2. Negligence per se (Res Ipsa Loquitur
3. Negligence under the Indian Penal Code (Criminal Negligence
4. Standard of care
5. Duties of a doctor towards patients and non-patients
6. Rights of a doctor

Part III
Procedural Law adopted by Consumer Forums

1. General
2. The Complaint
3. The Written Statement (Version of Opponent or Opposite Party)
4. Production of Evidence
5. Arguments
6. Order
7. Appeal

1. Complaint filed after period of limitation
2. Dispute needs to be heard by civil court
3. Complainant has filed suit in civil court
4. Defect of parties
5. Misjoinder of causes of action
6. Want of pecuniary jurisdiction
7. Complaint filed in wrong District Forum
8. Res judicata (A thing already decided
9. Waiver
10. Service given free of charge
11. Service under contract of personal service
12. Medical practitioner not negligent
13. Contributory negligence
14. Patient consented to harm (Volenti non fit injuria)
15. Immunity Defenses
16. Remoteness of damage

Part V

• The Consumer Protection Act, 1986
• Consumer Protection Rules, 1987
• Maharashtra Consumer Protection Rules, 1987