Medical Negligence and Fixation of Liability under the Consumer Protection Law in India

  • R. Rajyavardhanan and Prof. Dr. J. Vijayalakshmi
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  • R. Rajyavardhanan

    Research Scholar at Tamil Nadu Dr. Ambedkar Law University, Chennai, India

  • Prof. Dr. J. Vijayalakshmi

    Professor at Directorate of Legal Studies, Tamilnadu

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Abstract

The medical profession is one of the noblest professions and, it preserves to save lives. They provide vital services such as the promotion of health and prevention of illness etc. Mistakes are an inevitable part of the human being. The outcome of deficiency in service is negligence. Patients, as a consumer, have their rights to be protected. The Consumer Protection Act, of 1986 has been replaced by Consumer Protection Act, 2019 with the aim to establish authorities for effective administration and settling consumer disputes in speedy manner. When we touch on the topic of medical negligence, it should be seen in two ways that are individual as a doctor as well an employer level. The author has discussed various case laws to clearly understand Medical Negligence under consumer law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 211 - 215

DOI: https://doij.org/10.10000/IJLMH.113558

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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