KOCHI: High Court has said that medical services come under the purview of the Consumer Protection Act and the Consumer Dispute Redressal forum can intervene in complaints alleging medical malpractice. Justice N Nagaresh issued this order while considering a petition by Dr Vigil, Dr. Sonia and Dr. Bhatt to dismiss the complaint of TP Ambujakshi,a native of Kannur, who has alleged of losing sight of her left eye due to cataract treatment.

He said the forum could not intervene as medical services were not included in the Consumer Protection Act of 2019. Vigil and others had filed a petition in the Kannur District Consumer Forum. As it was rejected, they approached the State Consumer Commission but when it was rejected there too he approached the High Court.

The Single Bench pointed out that the 2019 Act stipulates that any non-free service, including banking, finance and insurance, will come under the purview of the Consumer Law. This service cannot be excluded as it is not referred specifically as medical service. The court also said that medical services fall within the ambit of consumer law.