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RFP Journal of Hospital Administration

Volume  5, Issue 1, January-June 2021, Pages 25-27
 

Review Article

Medical Negligence vis-à-vis Consumer Protection Act 2019

Abhishek Yadav1 , Benjy Tom Varughese2 , Abilash S3, Varun Chandran4, Sudhir K Gupta5

1, 4Associate Professor 2, 3Senior Resident 5Professor and Head, Department of Forensic Medicine & Toxicology, All India Institute of Medical sciences, New Delhi 110029.

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Abstract

The Consumer Protection Act (CPA) 2019 replaces the old Act but maintains its objective of protecting the consumers. It is more of a consumer-centered Act which emphasizes on the interests and convenience of the consumer as well as on the duties and responsibilities of the goods and service providers. The mistrust between doctors and patients/relatives is increasing day by day. CPA 2019 further strengths the right of the patients as consumer and makes the Medical practitioner more prone to compensation cases. The Medical profession has neither been included but at the same time nor has been excluded from the bill. The government has just taken ‘healthcare’ out of inclusion list, but it has not been included in the exclusion list. So, the Medical Negligence cases are still under the ambit of the Consumer Protection Act by a prevailing judgment of the Honorable Supreme Court. Hence, it is vital that medical professionals be aware of the various aspects of the CPA 2019, especially those that are relevant to their profession.

Keywords: Consumer Protection Act 2019; Consumer Protection Rules, Health care; Doctor; Patient; Consumer; Service provider; Professional liability


Corresponding Author : Abhishek Yadav