Video-conferencing instead of physical court attendance for hospitals and doctors: NCC
The Institute of Medicine & Law (IML) examines the National Consumer Commission's reiteration that video conferencing should be the preferred mode for cross-examining doctors and hospital administrators, instead of requiring their physical presence in court
In a ruling carrying significant legal and operational implications for healthcare administrators and doctors nationwide, the National Consumer Commission has forcefully reiterated that cross-examining doctors and hospital administrators via video conferencing should be the first choice rather than compelling their physical attendance.
The matter arose from a medical negligence complaint before the Assam State Consumer Commission regarding treatment at Medanta – The Medicity, Gurugram. The witnesses named by the complainant included senior doctors, such as the hospital’s Chairman, Medical Superintendent, and Senior Director. The State Consumer Commission appointed an Advocate as the Commissioner to record the cross-examination of Medanta’s witnesses in Guwahati and dismissed the hospital’s application to first exchange written interrogatories.
Setting aside this order, the National Consumer Commission observed that directing senior doctors to travel from Gurugram to Guwahati compromises patient care and the “overall public interest”.
Consequently, the court directed the parties to first exchange written interrogatories and affidavit replies. If oral cross-examination remains justified, an endeavour must be made to conduct it through video conferencing, as far as practicable, or a local commissioner in Gurugram should be appointed for cross-examination to avert wasted time and resources.
For hospital owners, administrators and medical professionals, this judgment once again underscores that courts accord primacy to patient care and take care to minimise inconvenience to healthcare providers. The preference for video-conferencing and the courts’ snubbing of the complainant for seeking physical cross-examination are clear proof of this thought process.
Source
Order passed by the National Consumer Commission on 15th October 2026 in the case of Medanta, the Medacity Hospital & Ors. v/s Ranjit CH Goswami
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