Study on The Medical Negligence Liability of Doctors with Special Reference to The Consumer Protection Act 2019

Abstract

This study explores professional negligence within the medical field, distinct from medical negligence, focusing on misconduct by medical practitioners and associated services. It highlights the significance of The Consumer Protection Act, 2019, in swiftly addressing cases of medical negligence, providing remedies, and ensuring consumer protection.

India's healthcare sector is undergoing three concurrent revolutions: establishment of medical facilities, consumer empowerment, and government efforts to improve patient care through legislation and redressal mechanisms. Despite the absence of dedicated medical law, medical services have been integrated into the Consumer Protection Act.

Key legal milestones have strengthened consumer rights, including decisions in cases like Vasantha P. Nair v. Cosmopolitan Hospital and Indian Medical Association v. V.P. Shantha.

The Indian government's commitment to equality and justice is reflected in numerous legislations. Progress in healthcare, with new hospitals and modern technologies, has made healthcare a thriving industry.

Under the Consumer Protection Act, 450 Consumer Fora expedite dispute resolution, reducing proceedings to 90 days, with exceptions for complex cases.

Quality management in healthcare is crucial for consumer satisfaction, grievance reduction, and litigation prevention.

This research underscores the interplay between the legal framework, healthcare delivery, and consumer protection, highlighting the pivotal role of The Consumer Protection Act, 2019 in addressing medical negligence and safeguarding consumers in India's evolving healthcare landscape.