A Paradigm Shift in Medical Negligence Jurisprudence: Interpreting the Consumer Protection Law in Healthcare
The article elaborates on the evolving Indian jurisprudence on medical negligence. It focuses especially on the growing gap between patient rights and protecting doctors from baseless litigation. It argues for a balance to be created between strong laws that support genuine cases and frivolous lawsuits against innocent medical workers. The basis of medical negligence lies in tort law, although the Supreme Court’s decision in Indian Medical Council v. V.P. Shantha has brought it within the ambit of the Consumer Protection Act, 2019. The article goes on to outline the four elements of medical negligence claims: duty of care, breach of said duty, cause of the act linked to the injury and damage caused. Such holistic reforms would serve both the patients and medical professionals better.
An article authored by Advocate Varun Singh, titled “A Paradigm Shift in Medical Negligence Jurisprudence: Interpreting the Consumer Protection Law in Healthcare,” has been published in Live Law. Click the link below to read the full article.
