Consumer Protection Act 1986 Essay

MEDICAL NEGLIGENCE LIABILITY UNDER CONSUMER PROTECTION ACT: JUDICIAL APPROACHES IN INDIA

ABSTRACT

Medical profession is a noble profession. The relationship between the patient and the doctor is based on mutual trust and faith. Consumer Protection Act, 1986 is a very unique and highly progressive piece of social welfare legislation and the provisions are intended to provide effective and efficient safeguards to the consumers against various forms of exploitations and unfair dealings. It is a handy weapon of consumer to ensure accountability of service providers. The patients have started using this Act, when they are aggrieved by medical negligence of the health care. Every doctor irrespective of the place of his service has a professional obligation to extend his service for protecting life. Deficiency may be result of inability and lack of competency whereas negligence would be caused by

It is a handy weapon of consumer to ensure accountability of service providers. The main objective is to promote and protect the rights of consumers such as- a) the right to be protected against the marketing of goods, which are hazardous to life and property. b) the right to seek redressed against unfair practices or unscrupulous exploitation of consumers c) the right to be heard and to be assured that consumers interest will receive due consideration at appropriate fora; d) the right to be informed about the quality, quantity, potential, purity, standard and price of goods so as to protect the consumer against unfair trade practices. It is essential the consumers need to be aware of their rights as well as how to get a redressal for their grievances so as to avoid becoming the victims of such