Medical Negligence and Consumer Protection Act

  • Vinit Udernani and Sristi Nimodia
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  • Vinit Udernani

    Student at Symbiosis Law School, Pune, India.

  • Sristi Nimodia

    Student at Symbiosis Law School, Pune, India.

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The doctor in all realms is considered to be light of God. However, they still are humans and are made up of human elements, which definitely include committing a wrong that may be in the form of an act or omission. This wrong can also be from the end of the support staff. So, in such a scenario, it is imperative to determine who was negligent, and under what circumstances. In India, such matters are delved upon the India Judiciary to decide. But the difficulty arises upon the Judges to decide the matter as they are not medical professionals. They have to put reliance upon the expert’s opinion and then apply the basic principles of law of the land. In this paper the authors have talked about the legal aspects associated with Medical Negligence. The paper talks in depth about the treatment of Medical Negligence under Consumer Protection Act, 2019 and Indian Penal Code, 1860.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 137 - 148


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