Medical Negligence and Consumer Protection Law

8 Pages Posted: 15 Apr 2010

See all articles by Prashant R. Dahat

Prashant R. Dahat

National Law Institute University, Bhopal

Date Written: April 14, 2010

Abstract

Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. 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. As a result, a number of legal decisions have been made on what constitutes negligence and what is required to prove it.

Negligence is the breach of a legal duty to care. It means carelessness in a matter in which the law mandates carefulness. A breach of this duty gives a patient the right to initiate action against negligence.

Persons who offer medical advice and treatment implicitly state that they have the skill and knowledge to do so, that they have the skill to decide whether to take a case, to decide the treatment, and to administer that treatment. This is known as an “implied undertaking” on the part of a medical professional.

Section 304A of the Indian Penal Code of 1860 states that whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine, or with both.

The burden of proof of negligence, carelessness, or insufficiency generally lies with the complainant. The law requires a higher standard of evidence than otherwise, to support an allegation of negligence against a doctor. In cases of medical negligence the patient must establish his claim against the doctor.

Keywords: Consumer Protection Law: An Indian Perspective, Medical Negligence and Remedies for Consumers

Suggested Citation

Dahat, Prashant Ramdas, Medical Negligence and Consumer Protection Law (April 14, 2010). Available at SSRN: https://ssrn.com/abstract=1589192 or http://dx.doi.org/10.2139/ssrn.1589192

Prashant Ramdas Dahat (Contact Author)

National Law Institute University, Bhopal ( email )

108-A, Boy's Hostel,
Kerwa Dam Road,
Bhopal - 462044. ( M.P.), Madhya Pradesh 462044
India
09770338751 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,292
Abstract Views
5,735
Rank
29,110
PlumX Metrics