Importance Of Medical Negligence And Consumer Protection In India

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Practice of medicine is capable of rendering great service to the society provided due care, sincerity, efficiency and skill are observed by doctors. Medical profession has its own ethical parameters and code of conduct. This profession is rendering a noble service to humanity and has sustained itself on public trust. According to voluntary Health Association of India, the present state of medical profession seems to mirror the rot, which seems to have sent into our system. Increased mechanization and commercialization of profession has brought in an element of dehumanization in medical practice. Health care has now been reduced to a business, which determines the patient-doctor relationship. It is in this context that the question of consumer protection has become significant in the medical profession. Medical Negligence has come to the fore as an important issue to be dealt with and for which solutions have to be arrived at for the welfare of common man.
Medical Negligence:
The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments it is said have assigned various meanings to negligence. The Apex Court in Jacob Mathew v. State of Punjab , observed:
Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something

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