Analysis on Medical Negligence Under Consumer Protection Act 2019 and Indian Contract Act 1872

Abstract

Medical negligence occurs when medical care providers fail to fulfil their professional obligations. All healthcare practitioners must provide a standard of care to their patients. It may be considered medical negligence if they don't fulfil that duty. When patients go to a doctor, they expect to receive medical care using all of the doctor's expertise to solve their medical issues. The arrangement retains the fundamental components of a tort while taking the form of a contract. A physician has obligations to his patients, and any carelessness on the part of the physician may give rise to legal action. Before performing diagnostic procedures or administering therapeutic care, the physician must get the patient's informed consent. The Consumer Protection Act of 1986 covers the services provided by doctors, and patients can file complaints with the Consumer Courts for resolution. Case laws are a valuable resource law for resolving different issues. Before the adoption of the Consumer Protection Act, claims of medical negligence were made under Contract law, and even today, damages can be made under civil law ; however, since implementing the Consumer Protection Act, the civil law remedy has become less critical. The doctor and the patient have a specific relationship, which can be oral, written, or implicit agreements agreed upon by the patient or his representatives and the doctor or hospital. Anyone who has suffered losses due to a doctor's negligence can register a complaint with the appropriate authority. Despite this, the council can sanction the doctor and revoke their registration for their careless actions, but it cannot compensate the victim of such misbehaviour. The Indian Medical Council has enforced stricter measures to raise the bar for medical ethics and practice standards for the past few years.