Medical negligence arises from an act or omission by a medical dental practitioner, which no reasonablycompetent and careful practitioner would have committed. Medical negligence under consumer protection act a judicial approach by abhipsha mohanty download pdf the author, abhipsha mohanty is a 3rd year student of ba. Medical negligence under the consumer protection act lawordo. The law of contract, the consumer protection act and medical. When a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to the performance of the services in a manner and quality that persons are generally. Legal research and writing power point on medical negligence under consumer protection act. Medical professionals were greatly agitated when it was held that the services rendered by the medical fraternity are covered under the consumer protection act. Consumer protection act came in force in 1986 but healthcare sector was introduced in this act in 1995. Batra hospital and medical research center and ors, the court states that if the medical practitioner fails to maintain the standards of reasonable care, then they will be held liable for medical negligence, which gives appearance of deficiency in medical service as per section 2 1 g of consumer protection act. The study also brings out the fact that 12% of the cases decided by the consumer protection forum. In 1993, the supreme court brought the medical profession under.
Pdf consumer protection act and medical negligencea brief. However in a resent case the supreme court has held that cases pertaining to theft of electricity are outside the jurisdiction of consumer fora. Public awareness of medical negligence in india is growing. The consumer protection act it is likely that the cpa will entirely abrogate the principles laid down by the sca in the afrox case. In 1995, the supreme court decision in indian medical association v vp shantha brought the medical profession within the ambit of a service as defined in the consumer protection act, 1986. Hence, any negligence on part of the medical professional would be treated as either a tort of negligence or a deficiency in service under consumer protection act, 1986. This will bring south africa in line with foreign jurisdictions in regard to medical liability, specifically in respect of exclusionary clauses in hospital contracts. Pdf it is important to know what constitutes medical negligence.
Consumer protection act cpa the cpa, 1986 is a benevolent social legislation that lays down the rights of the consumers and also provides means for their promotion and protection. In 1993, the supreme court brought the medical profession under the section 21 o of cpa. Medical negligence liability under consumer protection act. Consumer protection act blessing or curse to medical.
One of the important milestones in the area of the consumer protection in the country has been the en actment of the consumer protec tion act in. For the purpose of claiming protection under the consumer protection act, a person needs to be necessarily a consumer of either goods or services. The study also brings out the fact that 12% of the cases decided by the consumer protection forum are related to medical negligence out of which 90% are the cases involving hospitals. Oct 09, 2014 consumer protection actcpa the cpa, 1986 is a benevolent social legislation that lays down the rights of the consumers and also provides means for their promotion and protection. Medical negligence and consumer protection law by prashant r. With the growing number of cases in india and the world at large it become a prime concern that should the remedies be still given under a law of tort and consumer protection act, 1986 or if the time has come to enact a legislation to carve out the remedies for the patients who have suffered in serious ways due to the negligence of the doctors. The defendant owes a duty of care to the plaintiff.
Medical negligence basica lly is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their. The act provides for a system of special institutions at the national, state, and district levels consumer councils that have jurisdiction over medical malpractice claims under certain specific amounts. Joga rao formerly additional professor of law, national law school of india university, bangalore, india. A summary of the act to help doctors and medical fraternity. Pdf on jan 1, 2011, basavaraj patthi and others published consumer protection act and medical negligencea brief insight find, read and cite all the research you need on researchgate. Consumer protection act and medical profession definitions. In earlier civilizations, medical negligence was considered more as a crime rather than as a tort. A doctor owes certain duties to the patient who consults him for illness. In this article, shreya sahoo discusses medical negligence and the liability under the consumer protection act. Medical negligence and law in india an analysis ipleaders. This defined the relationship between patients and medical professionals as contractual. Generally, in a medical negligence case, the defendant is the doctor and the plaintiff is the complainant. Recently supreme court awarded around 7 cores damages against three doctors and amri hospital calcutta. Almost every day, there is some report abouta compensation being awarded to complainants for medicala negligence.
As the medical profession has been brought under the provisions of the consumer protection act, 1986, the patients have an easy method of litigation. There should be legal awareness among the doctors that will help them in the proper recording of medical management details. Negligence is an offense under tort,ipc, indian contracts act, consumer protection act etc. The relationship between the patient and the doctor is based on mutual trust and faith. These allegations have the potential to harm not only their reputation and career, but also their confidence in their trade and the delivery of treatment to future patients. Medical negligence medical ethics in india law times. Llb h, damodaram sanjivayya national law university, visakhapatnam.
The fact that medical practitioners belong to the medical profession and are subject to the disciplinary control of the medical council of india of state medical councils would not exclude the service rendered by them from the ambit of consumer protection act. The consumer protection act 2008 section 541b states the following. One of the reasons was undoubtedly a small percentage of failures of treatment that dogs the profession despite due care and caution. Often the deficiency in service or defect in goods is the outcome of negligence of the service. This paper examines the issues related to just, adequate and effective compensation in cases of medical negligence and provides certain suggestions. Medical negligence and doctors liability indian journal. Various changes were made in the act after these cases. Rules being framed and act is likely to be notified soon. It is a commission or omission of an act by a medical professional which deviates from the accepted standards of practice of. The judgment in this case defined medical care as a service that was covered under the act, and also clarified that a person seeking medical. Hence a consumer can keep in mind these rights and these important conditions of the consumer protection act before filing a suit in the court regarding medical negligence in india. The veracity of laws relating to medical malpractice in india. Law of torts visavis consumer protection with special emphasis on medical negligence cases.
Medical negligence liability under the consumer protection act. Enter one or more tags separated by comma or enter. Medical negligence and consumer protection law by prashant. Apr 15, 2010 after the consumer protection act, 1986, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical service, and have claimed and received compensation. Medical malpractice is the negligence in the profession of health management where the patient is given low standard treatment than the expected one, may be because of the act of omission or mere negligence on part of the medical representative. Vp shantha, that medical profession has been replaced under the purview of consumer protection act,1986 vide section 21o, 1986 of the act. P shantha and others 1995 6 scc 651 9,11,63, 75,101, 1 12. Consumer protection regime primarily aims to protect against deficiency in services and defect in goods. Compensation, consumer courts, discretion, just and adequate, medical negligence, multiplier method. Liability of medical negligence under consumer protection act. Batra hospital and medical research centre and ors 2010 3 scc 480 97. Since 1990s there is a huge speculation and debate on whether medical services are explicitly or categorically included in the definition of services as enshrined under section 21o of the consumer protection act cpa. The consumer protection act is a benevolent piece of social welfare legislation providing for a simple, speedy and less expensive remedy for the redressal of.
Act a judicial approach by abhipsha mohanty download pdf. After the consumer protection act, 1986, has come into force some patients have filed legal cases. Pdf on jan 1, 2011, basavaraj patthi and others published consumer protection act and medical negligence a brief insight find, read and cite all the research you need on researchgate. Generally there is always confusion whether medical negligence is a tort or is it a deficiency in service.
Negligence medical consumer protection act you cant enter more than 5 tags. Oct 08, 2017 negligence is an offense under tort, ipc, indian contracts act, consumer protection act and many more. Seema kashyap assistant professor, university institute of legal studies, shimla kirti sharma 9th semester, university institute of legal studies, shimla abstract were healer of distress of the sufferer and their fees was a mere feeling of gratitude shown towards their good deeds. Recently, the act has been amended by the consumer protection amendment act, 1993, w. Medical negligence and doctors liability indian journal of.
One of the important milestones in the area of the consumer protection in the country has been the en actment of the consumer protec tion act. Medical negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. With increased consumer awareness, rising expectation, western trend of medical liability litigation, consumer protection act, and judicial activism, increasing number of complaints are being filed by dissatisfied patients resulting in growing distrust between patients and doctors and increased cost of medical treatment. This has led to the development of a new branch of jurisprudence, i. Even then there are many medical negligence claims which come before consumer courts and also before criminal and civil courts.
Referring to the decision in the case of the india medical association v vp shantaha and others 1995 6 scc 651, the court noted that medical practitioners were covered under the consumer protection act and that negligence as a tort was the breach of a duty caused by omission to do something which a reasonable man would do or doing something. For the purposes of medical negligence, we must look at the definition of consumer with respect to service and that of deficiency of service. State of punjab and anr 2005 6 scc 1 80,9193,9597,101. Medical negligence and the law indian journal of medical ethics. Concerns and recommendations 2011 44 2 comparative and international law journal of southern africa 168. After the consumer protection act, 1986, came into effect, a number of patients have filed cases against doctors. Various medical negligence cases were discussed in the supreme court and the decisions given by supreme court made the way of including healthcare sector in consumer protection act. Medical negligence under the consumer protection act, 1986. Consumer protection act, 2019 and medical negligence. The matter is still under consideration of honble supreme court pending for final. Pdf medical negligence liability under the consumer protection act. Medical negligence in india article legal articles in india.
What is medical negligence liability under the consumer protection act. Doctors in private practice or in hospital services try their best to treat patients with due care and diligence. Medical negligence malpractice complaints affect medical practitioners emotionally and escalates already burdened schedules and stress levels. Medical negligence is failure to exercise due care.
Medical negligence and consumer protection act study of. Doctors seem to in the news for all the wrong reasonsa of late. The supreme court held that electricity is a services within the meaning of services as envisaged under c. Astrealegal associates llp medical negligence and remedies. Medical negligence and the liability under the consumer. A duty of care in deciding whether to undertake the case, a duty of care in deciding what treatment to give. But today with the increase in medical negligence and malpractices this profession is looked upon with doubt and contempt. Medical negligence under consumer protection act professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury. Impact of the consumer protection act in the health care. We shall deal selectively with provisions of the act which are relevant to the medical.
The protection of women from domestic violence act, 2005 the marriage laws amendment bill, 2010 the prohibition of sexual harassment of women at workplace bill, 2010. Often the deficiency in service or defect in goods is the outcome of negligence of the service providers or the manufacturers, suppliers, producers of the goods. Medical negligence is the failure of a medical practitioner to provide proper care and attention and exercise those skills which a prudent, qualified person would do under similar circumstances. After the medical profession was brought under the consumer protection act vide indian medical association vs. The plaintiff has suffered an injury due to his breach. Apr 15, 2014 the law of contract, the consumer protection act and medical malpractice law posted on april 15, 2014 by bregmans the purpose of this article is to explore if the consumer protection act 68 of 2008 cpa will influence how the courts will look at exclusionary clauses in all contracts, and in respect of hospitals and doctors in particular. Consumer protection act and medical profession indian. After the consumer protection act, 1986, has come into force some patients have filed legal cases against doctors, have established that the doctors were negligent in their medical service, and have claimed and received compensation. One of the important milestones in the area of the consumer protection in the country has. Indian penal code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304a, 337 and 338 contain the law of medical malpraxis in.
This article presents a summary of legal decisions related to medical negligence. Medical negligence liability under the consumer protection. Medical services within the purview of consumer protection act it was only after the judgment of supreme court in i ndian medical association vs. Pdf consumer protection act and medical negligencea. The three ingredients of negligence are as follows. Ppt legal research and writing power point on medical. Medical negligence and the law indian journal of medical. A study shows that there is a 110% rise in the number of medical negligence cases that are reported every year. In the case of a medical man negligence means failure to act in. A comparative analysis of various indian legal systems. Duties which a doctor owes to his patient are clear. Medical practitioners from all fields of medicine such as allopathic, homeopathy, naturopathy can be liable under the consumer protection act.
Shantha 1995 6 scc 651 doctors who administer the morphia or pethidine injection are often blamed and cases of medical negligence are filed against them. What does the consumer protection act have to say about medical negligence. Negligence is an offense under tort, ipc, indian contracts act, consumer protection act and many more. Consumer protection act cpa copra related to medical. The realm of medical malpractice was brought under the consumer protection act, 1986, due to the landmark case of the indian medical association vs. And in case of medical negligence mostly the doctor is the.
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