Accountability:

Including doctors in consumer protection laws can enhance accountability in healthcare. It provides a
legal framework for addressing cases of medical malpractice, negligence, or fraud. Consumer
protection laws establish mechanisms for holding doctors accountable in cases of medical
malpractice, negligence, or deficient services. This encourages healthcare providers to
exercise a reasonable degree of care and skill in their practice, promoting accountability
within the medical profession.

Holding doctors accountable for their actions or negligence through consumer forums or courts helps
maintain a high standard of care in the medical profession.

**Case Law 1: Indian Medical Association vs. V.P. Shantha (1995):** In this landmark case in India,
the Supreme Court held that medical professionals providing services for a fee could be considered
as 'service providers' under the Consumer Protection Act, 1986. This decision emphasized the need
for accountability in the medical profession and allowed patients to seek redressal through consumer
forums.

**Case Law 2: Canterbury v. Spence (1972):** This U.S. case is often cited to argue for the
accountability of doctors. The court ruled that patients have the right to be informed about the risks
and alternatives of a medical procedure, highlighting the importance of transparent communication
between doctors and patients. EYE CAMP CASE

Jerry Watson Canterbury (1939-2017) was an FBI clerk who suffered a ruptured disk in
1958. He received laminectomy by Dr. William T. Spence, a well-known Washington
neurosurgeon, and as a result of the surgery, and a subsequent fall from his bed while
hospitalized, he ended up paralyzed below the waist and incontinent.

Case Law: "A.S. Mittal vs. State of U.P. (1989)" held that doctors can be liable under the Consumer
Protection Act for negligence in their professional duties. This case underscores the principle of
accountability in healthcare services.

ACHUTRAO HARIBHAU KHODWA V/S STATE OF MAHARASHTRA 1996

Transparency:
Consumer protection laws can promote transparency in medical services, such as ensuring that
patients have access to information about the costs, risks, and benefits of medical procedures and
treatments. Consumer protection laws encourage transparent communication between
doctors and patients. Patients have the right to be informed about their medical conditions,
treatment options, potential risks, and alternatives. This transparency fosters trust in the
doctor-patient relationship and enables patients to make informed decisions about their
healthcare.

It encourages transparent communication between doctors and patients, fostering trust and allowing
patients to make informed decisions about their treatment.
**Case Law 3: Hutzler v. Doctors' Hospital of Hyde Park, Inc. (1981):** In this case, the court
emphasized the importance of transparency and informed consent. It ruled that patients have the
right to be informed about the potential risks and benefits of medical treatment, ensuring they can
make an informed decision about their healthcare.

**Case Law 4: Montgomery v. Lanarkshire Health Board (2015):** In the UK, this case established
that doctors must provide patients with all relevant information about their treatment, including
potential risks. It reinforced the principle of transparency in medical practice.

Case Law: "Samira Kohli vs. Dr. Prabha Manchanda (2008)" emphasized the importance of informed
consent in medical procedures. While not directly related to consumer protection laws, it highlights
the significance of patient consent and transparency in healthcare, principles supported by consumer
protection.