Deficiency in Medical Services under Consumer Protection Law and Equivalency of Medical Negligence under the Law of Torts

Avinash Singh (Symbiosis International University, Afsana Khan (Symbiosis Law School), Deficiency in Medical Services under Consumer Protection Law and Equivalency of Medical Negligence under the Law of Torts, 9 Int. J. Legal Rsch. 311 (2021):

The importance of the medical field has been increasing rapidly with the escalation in population and the emergence of a new variety of diseases. Doctors and medical practitioners play an essential role in saving the lives of people and curing their illnesses. A doctor in a maternity hospital or mortuary certifies the beginning and end of a person's life and treats his patients irrespective of their caste, creed, religion, gender, race, age, economic status, etc., no matter what the ailment is. They would always give a helping hand to whoever is suffering and is in need therefore known as a noble profession. 

With the increase in the number of medical cases, there is a rise in demand for more medical practitioners, which in turn increased the chances of medical negligence and has become a matter of urgent concern. The present manuscript intends to highlight the crucial aspects of medical negligence and the role of torts law and the Consumer Protection Act in dealing with such cases, with particular focus on deficiency in service and its impact, with the help of landmark judicial decisions. The present paper will focus on the meanings, explanations, understandings and interpretations of medical negligence, analyses of the case of medical negligence, the performance of "duty of reasonable care and diligence", and the remedies available to an aggrieved patient. Additionally, circumstances where the medical practitioner will not be liable for medical negligence cases, burden of proof, judicial interpretation of the term medical negligence, and some suggestions that can reduce the number of cases shall also be covered.