Study on Medical Negligence and its aspects with special reference to Consumer Protection Act

Chikitsiya Laparvahi Aur Eske Pahluon Par Upbhokta Sanrakshan Adhiniyam Ke Vishesh Sandarbh Me Addhyan

Abstract

Medical negligence is punishable under various laws such as Torts, IPC, Indian Contract Act, Consumer Protection Act, etc. It can be defined as malpractice by a physician or doctor, and it causes many deaths and illnesses every year. This paper covers the legal aspects and consequences of medical negligence, and the liability of the victim and aims to spread awareness about the same. Medical negligence is made up of two words. The second word only describes the meaning, however, the meaning of negligence is not described in a proper way, but it is an act of negligence by one person which results in loss to another. Negligence is an offense under Tort, IPC, Indian Contract Act, Consumer Protection Act, etc. Medical negligence is basically the misconduct of a physician or doctor in not providing adequate care resulting in the breach of their duties and causing harm to the patients who are their consumers. A professional is considered to be at least an expert in that area; A patient undergoing treatment under any doctor certainly expects to recover and at least expects the doctor to be careful while performing his duties. Medical negligence has resulted in many deaths as well as adversely affecting the health of the patient. This article focuses on explaining negligence under various laws in India, professional negligence, medical negligence, and landmark as well as recent cases. It provides information about the liability that may be borne by a victim of medical malpractice. It aims to provide information about the topic to create as much awareness as possible. It is important to know what medical negligence is basic knowledge of how medical negligence is decided in various judicial courts in India will help a doctor to practice his profession without the unnecessary worry of facing litigation for alleged medical negligence. Its main objective is to critically examine and document various aspects of medical negligence liability under the Consumer Protection Act, 1986 (CPA) among medical professionals.