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The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)
Subject area: Biological & Medical Sciences · Area of research: Medical and Consumer Protection
DOI: https://doi.org/10.64388/IREV9I12-1719282
Abstract
It was replaced by the Consumer Protection Act, 2019 (CPA 2019) which introduced some major amendments to the Consumer Protection Act, 1986. This paper will look at the application of the Act to medical negligence cases, review the history of consumer protections in healthcare, and discuss new issues like liability for telemedicine, AI and the diagnosis process, digital consent and corporate hospital accountability. Based on the judicial trends from 2020-26, the paper posits that CPA 2019 is a good instrument for protection of patients but it is certainly a need of the hour to have a reform in it so as to balance the patients' rights with the professional liberty of doctors. It ends with recommendations for special medical courts, no-fault compensation and a digital healthcare liability system.
Keywords
Medical Negligence, Telemedicine, Defensive Medicine, Consumer Protection ACT 2019, Digital Healthcare, Criminal Negligence.
How to cite this paper
@article{1719282,
author = {Mathimi Anusha},
title = {The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {12},
pages = {3855-3860},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1719282.pdf},
abstract = {It was replaced by the Consumer Protection Act, 2019 (CPA 2019) which introduced some major amendments to the Consumer Protection Act, 1986. This paper will look at the application of the Act to medical negligence cases, review the history of consumer protections in healthcare, and discuss new issues like liability for telemedicine, AI and the diagnosis process, digital consent and corporate hospital accountability. Based on the judicial trends from 2020-26, the paper posits that CPA 2019 is a good instrument for protection of patients but it is certainly a need of the hour to have a reform in it so as to balance the patients' rights with the professional liberty of doctors. It ends with recommendations for special medical courts, no-fault compensation and a digital healthcare liability system. },
keywords = {Medical Negligence, Telemedicine, Defensive Medicine, Consumer Protection ACT 2019, Digital Healthcare, Criminal Negligence.},
month = {June},
doi = {https://doi.org/10.64388/IREV9I12-1719282}
}