MEDICAL NEGLIGENCE LIABILITY UNDER THE CONSUMER PROTECTION ACT
Keywords:
Consumer protection act, medical negligence, civil court, criminal court, liability, protection, interest, patient, doctorAbstract
Medical negligence is punishable under the various laws like Indian Penal Code,
Torts, Indian contract act, consumer protection act etc. The medical profession is a
highly respected responsibility in our society and in here doctors are play important
role, they try to contribute their best in it. And they take proper care of patients and
treat them extra precautions. But there are also cases of medical negligence because of
due to doctors small mistake, the patient has to face many difficulties and some times
he has to lose his life too. Medical negligence cases are entertained in consumer court
or criminal and civil court, and these are enclosed under the consumer protection act,
1986. The act only protects the interest of consumer but also goods and services that
consumer purchase for daily use. But it also protects his interest when he goes on
medical field. Many medical association have lodged strong opposite of against the
doctors and on the basis of that the relationship stuck between the doctor and the
patient should not similar to that buyer and supplier and the misconduct or negligence
of medical professionals can be exhausted or dispute can be resolved on existing
forum like medical council of India, stated medical council and civil and criminal
courts.
References
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18. 2004 3 CPR 27 (NC)
