A Legal Exploration of Deceptive Healthcare Practice and Medical Negligence under Consumer Protection Law

  • Aathmaja Menon
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  • Aathmaja Menon

    B.A.LL.B. Student in India

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Abstract

The act of misleading or incorrectly informing someone about the accurate and raw nature of a situation is defined as deception. In law, negligence is defined as the deficiency to meet a standard of behaviour authorised to protect society from irrational and unreasonable risk. The basis of tort liability is negligence, which is a major consideration in the majority of cases involving personal harm and property damage. This article aims to give insight into deceptive healthcare practices and medical negligence and how it is applicable under the Consumer Protection Law. It also sheds light on how the concept of healthcare practices and the medical profession falls under consumer protection and tries to explain its ingredients. It discusses who a consumer is regarding the health sector. Deception or fraud can happen to various people in various circumstances. Thus, the article examines the impact of the COVID-19 pandemic on the healthcare sector and how it has led to an increase in fraudulent healthcare practices. It attempts to delve into the broad scope of fraud and malpractice in the health sector, as well as how it affects consumers. Such practises can result in legal action. The legal implications of this have been discussed. In this article, measures and methods for preventing such practices are also analysed.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 512 - 520

DOI: https://doij.org/10.10000/IJLMH.113368

Creative Commons

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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