Medical Negligence And Patient Rights: A Critical Analysis Under The Consumer Protection Act, 2019
- IJLLR Journal
- Aug 1
- 1 min read
Chandana Hosur, B.A. LL.B. (Hons.), Karnataka State Law University, Law School, Navanagar, Hubballi
ABSTRACT
This paper critically examines the concept of medical negligence in India and its intersection with consumer protection laws. Medical negligence, a serious concern affecting patient safety and healthcare accountability, is increasingly adjudicated under the Consumer Protection Act, 2019, offering patients a remedy beyond traditional civil or criminal litigation. In doing so, this paper explores legal definitions, landmark judgements, and procedural safeguards. Recent rulings by the National Consumer Disputes Redressal Commission (NCDRC) highlight the judiciary’s growing emphasis on informed consent as a cornerstone of ethical medical practice. It further examines how the Consumer Protection Act enables aggrieved patients to seek compensation and hold healthcare providers accountable for their actions. The study emphasizes the legal recognition of patient autonomy and the need for standardized consent protocols. It argues for greater awareness, legal literacy, and systematic reforms to strengthen accountability and ensure justice for victims.
Keywords: Medical Negligence, Consumer Protection Act, 2019, National Consumer Disputes Redressal Commission (NCDRC), Informed Consent, and Patient Rights.
