Concept Of Medical Negligence: A Critical Analysis With The Consumer Protection Act 1986
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DOI:
https://doi.org/10.55662/ALPPR.2019.420Keywords:
Medical Negligence, hospital, doctor, Consumer Protection Act 1986Abstract
Medical profession is one of the noblest professions in the world. In India, the hospital system has been commercialized and aimed to increase the profit rather than to serve the public cause. There has been a continuous and rapid increase in the malpractices and unethical ways used in the particular field. There have also been cases on death or serious impairment of the patient due to the negligence of the hospital staff or the doctor. Medical Operation is a confusing procedure where there is always a risk of something going wrong. A doctor who due to carelessness commits a mistake which leads to the death or a severe impairment to the patient will always try to avoid that mistake he committed. The main question which comes when we speak about medical negligence is “Whether the doctor will be liable for his acts or not”. In India, there has been no clear legal structure which helps in proving the liability. So this brings the victim will be in a state of confusion on whether to sue the doctor or not. So this paper deals and analyses the issues on the medical negligence in the light of Consumer Protection Act 1986 and also with the view of the interpretations by the Indian Judiciary.
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