Full Text (PDF)
Indian Journal of Legal Medicine 4(2):p 109-117, July -Dec 2025. | DOI: https://doi.org/10.21088/ijlm.2348.9987.4224.2
Review Article
Patient-tailored Personal Treatment Services against Consideration is a Contract for Personal Services
Vivekanshu Verma, Shri Gopal Kabra
Author Information
Licence:
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
Indian Journal of Legal Medicine 4(2):p 109-117, July -Dec 2025. | DOI: https://doi.org/10.21088/ijlm.2348.9987.4224.2
How Cite This Article:
Kabra SG, Verma V. Patient-tailored personal treatment services against consideration is a Contract For Personal Services. Indian J of Legal Medi. 2025;6(2):109-17.Timeline
Received : July 15, 2025
Accepted : October 22, 2025
Published : December 30, 2025
Abstract
Background: The judicial interpretation in V P Shantha (1995) extended the Consumer Protection Act (CPA), 1986, to medical services by distinguishing «contract of personal service» (excluded) from “contract for personal service» (included). Despite amendments in the CPA 2019 [Section 2(42)], this interpretation persists. This article challenges that stance using AI-assisted legal analysis, arguing that patient-tailored medical services constitute a «contract for personal service» and should be excluded from CPA 2019. Objective: To demonstrate that patient-specific medical treatments (e.g., surgeon-tailored surgery) fall under “contract for personal service as defined in CPA 2019, warranting exclusion from consumer law. Methods: • Legal Analysis: Scrutiny of Section 2(1)(o) (CPA 1986) and Section 2(42) (CPA 2019). • AI Inputs: Interrogation of AI tools to define "personal service" and its applicability to medical contexts. • Case Law Review: V P Shantha (1995), 1 parliamentary debate on CPA 2019, and Bar of Indian Lawyers v. D.K. Gandhi (2023).2 Results: 1. Contract Typology: • Contract for Personal Service: Relies on unique skills (e.g., surgeon’s expertise), autonomy in execution, and patient choice. • Contract of Personal Service: Employer-controlled labor (e.g., hospital staff) 2. Medical Services: Patient-tailored procedures (e.g., custom surgery) meet "contract for personal service" criteria due to individualized care, skill reliance, and consideration (payment). CPA 2019: Parliamentary intent and post-Shantha amendments support excluding such services. Conclusion: Patient-tailored medical services are “contracts for personal service" under Section 2(42) of CPA 2019 and must be excluded. Judicial recognition of this distinction aligns with legislative intent and modern medical practice.
References
- 1. Indian Med Assoc v V P Shantha (1995) 6 SCC 651. 2. Bar Indian Lawyers v D K Gandhi (2023) SCC OnLine SC 1016. Legislation:
- 3. Consumer Protection Act 1986 (India), s 2(1)(o).
- 4. Consumer Protection Act 2019 (India), s 2(42). Books:
- 5. Mehra, AB. Kumar, S. Laws on Medical Negligence and Legal Remedies, with references to New Criminal Laws, 2023: 2nd Ed. Delhi. Whitesmann Publishing; 2025.
- 6. Singh, A. Contract and specific Relief. 13th ed. Lucknow: Eastern Book Co; 2022.
- 7. Naseem, M. Medical Law in India. 3rd ed.Netherlands: Wolters Kluwer; 2023.
- 8. Kabra, SG. Verma, V. Medical Negligence and Judicial Overreach. Delhi: Red Flower Publication; 2025
About this article
Cite this article
Kabra SG, Verma V. Patient-tailored personal treatment services against consideration is a Contract For Personal Services. Indian J of Legal Medi. 2025;6(2):109-17.
Licence:
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
| Received | Accepted | Published |
|---|---|---|
| July 15, 2025 | October 22, 2025 | December 30, 2025 |
DOI: https://doi.org/10.21088/ijlm.2348.9987.4224.2
Keywords
ServiceContractConsumer Protection Act 2019Medical NegligenceContract for Personal ServiceContract of Personal ServicePatient-Tailored TreatmentV P Shantha CaseInformed ConsentJudicial InterpretationHealthcare Law.Search for Similar Articles
Similar Articles
- Good Faith and Compassion in Termination Beyond 24 Weeks: A Liberal Reading of...
- Litigation Stress in Medical Practice: An Invisible Occupational Hazard from fea...
- When Healing Meets Law: Practical Guidance from a Medicolegal Perspective: An In...
- Bharatiya Nyaya Sanhita a Bane of NMC Registered Physicians
- Critical Appraisal of Legal Complexities in Medico-Legal Consent: A Physician’s...
Article Level Metrics
Last UpdatedFriday 31 July 2026, 15:25:27 (IST)
838
Accesses
10
378
00
Citations
NA
NA
NA
Download citation
Article Keywords
Keyword Highlighting
Highlight selected keywords in the article text.
Timeline
| Received | July 15, 2025 |
| Accepted | October 22, 2025 |
| Published | December 30, 2025 |
licence
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
