A Critical Study on Medical Negligence and Consumer Protection Act 2019

Authors

  • Mohammad Arif Khan Research Scholar, School of legal studies Vikrant university, Gwalior, M.P Author
  • Prof. (Dr.) Vir Narayan Dean & HOD, School of legal studies Vikrant university, Gwalior, M.P. Author

DOI:

https://doi.org/10.29070/dxhyvj50

Keywords:

Medical Negligence, Consumer Protection Act, 2019, Consumer Rights, Healthcare Services, Medical Liability, Deficiency in Service, Patient Rights, Consumer Disputes Redressal Commission, Healthcare Law, Medical Ethics

Abstract

Due to the complexity of medical services, patient understanding, and larger legal remedies, medical negligence is a serious legal and ethical concern in Indian health care. The Consumer Protection Act, 2019, strengthened consumer rights by improving service fault remedy, especially for reimbursed medical care. This review article critically explores medical negligence under the Consumer Protection Act, 2019 and its effects on healthcare providers, patients, and the legal system. It examines legal laws, historic judgments, and research articles to assess medical negligence standards, patient rights, medical practitioner responsibilities, and consumer dispute resolution commissioners' participation in medical disputes. This work uses secondary data and qualitative doctrinal research. Legal statutes, Supreme Court rulings, scientific publications, government reports, and policy documents reference the data. The Consumer Protection Act, 2019 has improved dispute resolution and healthcare provider accountability, but frivolous litigation, protracted adjudication, defensive medical practices, and legal standard discrepancies still plague the healthcare industry. The study contends that balancing patient rights and healthcare professionals' professional independence is essential for effective treatment, legal security, and public trust in medicine. It also requires additional legal knowledge, ethics, professional growth, and specialized medical conflict resolution systems to reduce negligence and enhance justice.Due to the complexity of medical services, patient awareness, and larger legal remedies, medical negligence has become a serious legal and ethical issue in India. The Consumer Protection Act, 2019, strengthened consumer rights by improving service fault remedy, especially for reimbursed medical care. This review article critically explores medical negligence under the Consumer Protection Act, 2019 and its effects on healthcare providers, patients, and the legal system. It examines legal laws, historic judgments, and research articles to assess medical negligence standards, patient rights, medical practitioner responsibilities, and consumer dispute resolution commissioners' participation in medical disputes. This work uses secondary data and qualitative doctrinal research. Legal statutes, Supreme Court rulings, scientific publications, government reports, and policy documents reference the data. The Consumer Protection Act, 2019 has improved dispute resolution and healthcare provider accountability, but frivolous litigation, protracted adjudication, defensive medical practices, and legal standard discrepancies still plague the healthcare industry. The study contends that balancing patient rights and healthcare professionals' professional independence is essential for effective treatment, legal security, and public trust in medicine. It also demands legal awareness, ethics, continued professional training, and specialized medical conflict resolution methods to avoid carelessness and promote justice.

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References

1. Consumer Protection Act, 2019 (Act No. 35 of 2019). Government of India.

2. Constitution of India. (1950). Government of India.

3. Indian Medical Association v. V. P. Shantha, (1995) 6 SCC 651.

4. Jacob Mathew v. State of Punjab, (2005) 6 SCC 1.

5. Kusum Sharma v. Batra Hospital & Medical Research Centre, (2010) 3 SCC 480.

6. Achutrao Haribhau Khodwa v. State of Maharashtra, (1996) 2 SCC 634.

7. Spring Meadows Hospital v. Harjol Ahluwalia, (1998) 4 SCC 39.

8. Samira Kohli v. Dr. Prabha Manchanda, (2008) 2 SCC 1.

9. Martin F. D'Souza v. Mohd. Ishfaq, (2009) 3 SCC 1.

10. V. Kishan Rao v. Nikhil Super Speciality Hospital, (2010) 5 SCC 513.

11. Indian Penal Code, 1860 (relevant provisions relating to negligence; applicable to historical legal analysis).

12. Bharatiya Nyaya Sanhita, 2023 (where applicable for recent legal discussion).

13. Avtar Singh. (2021). Law of Consumer Protection: Principles and Practice (3rd ed.). Eastern Book Company.

14. Ratanlal & Dhirajlal. (2022). The Law of Torts (29th ed.). LexisNexis.

15. P. S. Narayana. (2020). Medical Negligence and Consumer Protection. Asia Law House.

16. Modi, K. (2020). Modi's Medical Jurisprudence and Toxicology (27th ed.). LexisNexis.

17. Bhat, S. (2021). Medical Law and Ethics. Eastern Book Company.

18. Kumar, A., & Gupta, R. (2021). Medical negligence in India: Legal and ethical perspectives. Indian Journal of Medical Ethics, 6(3), 180–186.

19. Rao, P. (2020). Consumer protection and medical negligence under the Consumer Protection Act, 2019. Journal of Indian Law and Society, 11(2), 95–110.

20. Ministry of Consumer Affairs, Food and Public Distribution. (2020). Consumer Protection Act, 2019: Rules and Regulations. Government of India.

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Published

2026-01-01

Issue

Vol. 23 No. 1 (2026): Journal of Advances and Scholarly Researches in Allied Education (JASRAE)

Section

Articles

How to Cite

[1]
“A Critical Study on Medical Negligence and Consumer Protection Act 2019”, JASRAE, vol. 23, no. 1, pp. 1115–1124, Jan. 2026, doi: 10.29070/dxhyvj50.