MEDICAL NEGLIGENCE

UNDER THE CONSUMER

PROTECTION LAW: A
CASE STUDY

NAME: MANTESH SINGH DHILLON

GROUP NUMBER: 03

ROLL NUMBER: 20011

 INTRODUCTION
One of the most professional occupations in the society is that of medical

Even after taking due care and other necessary measures there has been
many cases of medical negligence coming up in consumer courts, criminal as
well as civil courts
Bolam’s Test has remained the benchmark for the assessment of
professional or medical negligence since 1957
Bolam v Friern Hospital Management Committee
 MEDICAL PROFESSION AND
CONSUMER PROTECTION ACT
The medical profession was brought under the ambit of ‘service’ as defined
under Consumer Protection Act 2019 by the Supreme Court in 1995 in the
judgement of the case Indian Medical Association v. V P Shantha
The Court also held that even though the services rendered by the doctor act as
or are ‘contract for services’ and thus doctors can be sued in the Consumer
Protection Courts
‘Contract of service’ establishes a relationship similar to that of master and
servant, but under Section 2(1) (o) of the Act, the ‘contract of service’ is beyond
the ambit of the Consumer Protection Act
 I N D I A N J U D I C I A RY A N D M E D I C A L
N E G L I G E N C E - A N A N A LY S I S
Indian Medical Association v. V P Shantha- made the relationship between
a doctor and patient ‘contractual’
Achutrao Haribhau Khodwa v. State of Maharashtra- doctrine of res ipsa
loquitur was held applicable
Spring Meadows Hospital v. Harjot Ahluwalia- the Apex Court stated that
not only the child but the parents of that child are to be considered as
consumers also under the Consumer Protection Act
 CONTD………
Jacob Mathew v. State of Punjab and another- concept of negligence has
different jurisprudence in both criminal as well as civil law. Thus, accordingly
where negligence can be a crime under civil law it may not be a crime under
criminal law. Mens rea is a necessary element for negligence to be an offence
Kurban Hussein Mohamedalli Rangawalla v. State of Maharashtra - To
impose criminal liability under section 304 A, IPC, it is necessary that the
death should have been the direct result of a rash and negligent act of the
accused
 REQUIREMENT OF CPA
Delay

Cost of bringing up the issue

Limited access to courts & Success depends on proof of both negligence and
causation
Need for some sort of amendments in the CPA witnessing a surge in the cases on
medical negligence., excluding the government medical specialists from its ambit
The quick and speedy disposal of the cases had led to the increased misuse of the
same. Blackmailing of medical specialists by some of the unscrupulous patients
has been observed many a times in the recent past
 CONCLUSION &
SUGGESTIONS
The preamble of CPA and various SC judgements makes it clear that CPA is
made wholly for social welfare.
There is a need for the law to change according to the changing
circumstances and be flexible
Medical negligence is a vital aspect. It is really very difficult to hold a
doctor liable, it damages the reputation of the doctor.
People should also not blame the doctors for every live lost in the course of
his/her treatment.
THANK YOU