Under Indian law, both private and government hospitals are accountable, but the manner and extent of their accountability differ based on how they are governed and regulated. Private Hospitals: They are considered “service providers” under the Consumer Protection Act, 2019. Patients can file complaints for medical negligence or deficiency in service before consumer forums (District, State, or National Commission). They are not protected by sovereign immunity, unlike government hospitals in some cases. They are also regulated by laws like the Clinical Establishments Act, 2010, and relevant state regulations. Government Hospitals: They too are accountable, especially under the Consumer Protection Act, but sometimes their staff may claim protection under sovereign immunity in certain official functions. However, the Supreme Court has held (in cases like Indian Medical Association v. V.P. Shantha, 1995) that government hospitals providing paid services can be treated similarly to private hospitals for consumer complaints. Public Interest Litigation (PIL) or Human Rights Commissions are also common routes to seek redress in case of systemic failure or negligence in government hospitals. In Summary: Private hospitals are often held to a higher standard of accountability because they charge for services and operate commercially. Government hospitals are also accountable, but litigation against them may involve more procedural hurdles due to their public nature and protections available under law.

Dear Client, In India, both private and government hospitals are accountable for providing proper medical care, but their legal accountability can differ in practice. Private hospitals are generally considered more directly accountable under the Consumer Protection Act, 2019, because they provide medical services for a fee, which qualifies as a “service” under consumer law. Patients can file complaints against private hospitals for negligence, deficiency of service, or unfair trade practices in consumer forums and claim compensation. Government hospitals also owe a duty of care but are often treated as providing statutory or public services. They are not usually covered under the Consumer Protection Act for free services, although the Supreme Court has held that if a government hospital charges for certain services, those can come within the scope of consumer law. Patients may instead approach High Courts under Article 226 for violation of their right to life under Article 21 if there is gross negligence. In both cases, medical councils can take disciplinary action against negligent doctors, and criminal prosecution is also possible for gross negligence. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.