MEDICAL NEGLIGENCE AND CONSUMER PROTECTION ACT
Authors: Deb Oishani 
Published: October 2024

This paper explores the evolution of medical negligence laws in India, particularly in the context of the Consumer Protection Act, 1986, which marked a significant shift in the legal landscape for patients seeking redress against healthcare providers. Initially, medical negligence was primarily governed by tort law, making it difficult for patients to prove negligence due to the stringent standards of proof required in civil courts. However, the incorporation of medical negligence within the Consumer Protection Act transformed the framework, allowing patients to approach consumer forums for claims, thereby simplifying the legal process and enhancing access to justice. The paper traces key judicial pronouncements that have shaped the interpretation of medical negligence, highlighting landmark cases such as Vishaka vs. State of Rajasthan and Jacob Mathew vs. State of Punjab, which established crucial precedents regarding the standard of care and the doctrine of informed consent. It examines the impact of these developments on patient rights, empowering individuals to seek accountability and compensation for substandard care. Furthermore, the paper discusses the implications of evolving medical negligence laws for healthcare providers, including the rise of defensive medicine practices and the challenges posed by increasing litigation. In this paper an analysis has been provided both patient and provider perspectives. This research aims to illuminate the delicate balance between safeguarding patient rights and ensuring a supportive environment for healthcare professionals. In conclusion, while the integration of medical negligence into the Consumer Protection Act has significantly advanced patient rights in India, it also necessitates ongoing dialogue about the ethical and practical challenges faced by healthcare providers. This study advocates for a nuanced approach that fosters accountability while promoting quality healthcare delivery in an evolving legal landscape. Research Methodology: The methodology of this paper is largely premised upon doctrinal research based on the study of existing legal provisions, case laws, articles, journals, websites, blogs and so on. Research Questions 1. How has the incorporation of medical negligence into the Consumer Protection Act, 1986, transformed the legal recourse available to patients in India, and what implications does this have for their rights and access to justice? 2. What are the effects of evolving medical negligence laws on healthcare providers in India, particularly in terms of their practices, liability concerns, and the overall quality of patient care? Research Objectives 1. To Analyze Legal Framework: Examine the evolution of medical negligence laws in India, focusing on the integration of these laws into the Consumer Protection Act, 1986, and its implications for patient rights. 2. To Assess Impact on Patients: Evaluate how the changes in legal recourse for medical negligence have affected patients access to justice and their ability to seek compensation for substandard care. 3. To Explore Judicial Precedents: Investigate key judicial decisions that have shaped the interpretation of medical negligence in India, assessing their impact on both patient rights and healthcare practices. 4. To Evaluate Provider Perspectives: Analyze the effects of medical negligence laws on healthcare providers, including how these laws influence their clinical practices, liability concerns, and attitudes towards risk management.