Liability Under Consumer Protection Act In Case Of Medical Negligence: An Analysis

Jasmita Verma, B.A. LLB (Hons.), NMIMS School of Law, Navi Mumbai

ABSTRACT

Medical negligence is described as the irresponsible, inattentive, incorrect, or misinformed treatment of a patient by a healthcare professional. Medical negligence was once punishable under both civil and criminal law, but it has since been included into the Consumer Protection Act and is now punishable by it. Under tort law, negligence suggests that the defendant was careless and violated the plaintiff's duty of care, causing harm to the plaintiff. The concept of medical negligence evolved as a result of the Bolam case. There are two parts to medical negligence. First, the doctor owes the patient a duty, and second, there is a breach of that duty. The Consumer Protection Act described healthcare as a service, and the Supreme Court said that medicine is a profession in which medical professionals give a service to the patient rather than a career. With the increase in the number of cases of medical negligence, the Supreme Court has established particular guidelines for assessing medical negligence and has seen a growing demand for informed consent prior to treatment which has been discussed in this article. The Consumer Protection Act,2019 does not clearly include the phrase "healthcare" in the definition of services, but leaves it open to interpretation by the courts.

Keywords: medical, negligence, Bolam, Consumer Protection Act, care, liability, experts, compensate, Supreme Court