The Supreme Court of India under Art. 141 of the Constitution of Indian lays down law of the land. In recent times, it has given certain landmark judgments in respect of medical negligence cases. A medical negligence case can give rise to two types of legal action.

i) Criminal case u/s 304 (A) of Indian Penal Code1 and ii) A consumer complaint or a civil case under a law of torts for recovery of compensation.

It is well settled from the judgment of the Supreme Court of India in the case of Indian Medical Association Vs V.P. Shantha and others (AIR 1996 SC 550) that Consumer Protection Act is applicable to all professions including the medical profession.