Every dentist in India works under consumer law, whether or not they think about it. Since the Supreme Court’s 1995 judgment in Indian Medical Association v. V.P. Shantha, paid medical and dental services have been treated as a “service” under the Consumer Protection Act. A patient who believes the treatment fell short can file a complaint before a consumer commission, without a lawyer and at little cost.
From 1986 to 2019
The Consumer Protection Act of 1986 came into force in 1987 and set up consumer forums at the district, state and national levels. Doctors at first argued that medical care was not a commercial service. The V.P. Shantha judgment settled the question: services rendered for a fee are covered, while services given entirely free of charge to all patients are not. The Consumer Protection Act, 2019 replaced the old law and renamed the forums as Consumer Disputes Redressal Commissions, but the principle remains the same.
What a patient has to show
A complaint usually alleges “deficiency in service”, which in clinical practice means negligence. The test has four parts:
- the dentist owed the patient a duty of care;
- the dentist fell below the standard expected of a reasonably competent practitioner;
- the patient suffered harm; and
- that harm was caused by the lapse, not by the disease or by chance.
A dentist is not negligent simply because another dentist would have chosen differently, or because a treatment did not succeed. The courts ask whether the choice was one a responsible body of the profession would accept, and whether it was carried out with reasonable skill.
Five habits that protect you
- Take and record a proper history. Medicines, allergies, diabetes, heart conditions and blood thinners belong in the file before treatment starts.
- Get informed consent in writing. Explain the procedure, its risks, the alternatives and the cost in a language the patient understands, and keep the signed form.
- Write it down the same day. Dated notes, radiographs and prescriptions are your memory, and your evidence.
- Refer when it is beyond you. Knowing your limits is part of the standard of care.
- Communicate when things go wrong. Most complaints begin with a patient who felt unheard. A clear explanation and timely follow-up prevent many of them.
The law does not ask dentists to be perfect. It asks them to be careful, honest and well documented. A practice built on those three habits has little to fear from the consumer commission.