Medical Negligence Liability Under The Consumer Protection Act: A Review Of Judicial Perspective
- IJLLR Journal
- 5 days ago
- 2 min read
Ganisrika, Sastra Deemed To Be University
ABSTRACT
In modern India, the relationship between doctors and patients has gradually evolved from one based purely on trust to one governed by legal accountability and consumer rights. This article explores the contours of medical negligence liability within the framework of the Consumer Protection Act, focusing on how the law safeguards patients while maintaining respect for medical professionals. The study begins by examining the core legal concepts of consumer, negligence, medical negligence, and deficiency of service, and proceeds to discuss how these notions operate within the healthcare sector.Through the lens of judicial interpretation, the paper analyses the application of the Bolam Test and the doctrine of Res Ipsa Loquitur, both of which guide the courts in assessing whether a medical professional has breached the required standard of care. It also highlights the need for expert medical evidence, which often serves as the backbone for proving negligence in such cases.The article reviews significant Supreme Court judgments, including Indian Medical
Association v. V.P. Shantha, Jacob Mathew v. State of Punjab, and Kunal Saha v. AMRI Hospital, to illustrate how the judiciary has shaped the principles governing medical accountability. Additionally, it outlines the procedure for filing complaints under consumer law, the remedies and compensation available to aggrieved patients, and the defences open to medical practitioners. A comparative perspective with foreign jurisdictions is also undertaken to understand global trends in medical negligence jurisprudence. The research concludes by reflecting on the impact of the Consumer Protection Act, 2019, emphasizing that an effective legal system must strike a fair balance between patient protection and professional autonomy. Ultimately, this article seeks to reaffirm that justice in healthcare is best achieved through a blend of legal precision, ethical duty, and human compassion.
