The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)

References

[1] Indian Medical Association v. V.P. Shantha & Ors., (1995) 6 SCC 651, Supreme Court of India.

[2] Bolam v. Friern Hospital Management Committee

[3] 1 WLR 582 (UK Queen's Bench Division).

[4] Fortis Hospitals Ltd. v. Nandini & Ors., Consumer Case No. 789/2022 (NCDRC, 2023).

[5] Sanjay hospital vs Dr Meena Kapoor (NCDRC 2025).

[6] The Supreme Court in Re: Impleadment of Legal Heir in Medical Negli gence Proceedings, medical negligence claim was determined by reviewing the nature and gravity of the injury and whether any loss was experienced.

[7] Montgomery v Lanarkshire Health Board (2015) UKSC 11 (UK Supreme Court). STATUTES AND GUIDELINES

[8] The Consumer Protection Act, 2019 (No. 35 of 2019), Ministry of Consumer Affairs, Food and Public Distribution, Government of India.

[9] The Consumer Protection Act, 1986 (No. 68 of 1986) [repealed].

[10] Telemedicine Practice Guidelines, 2020, Ministry of Health and Family Welfare, Govt. of India.

[11] The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Government of India. BOOKS AND ARTICLES

[12] The book, authored by Avtar Singh Law of Consumer Protection Principles and Practice 10th Edition (Eastern Book Company, 2022), serves as an introductory guide for students in the laws of Consumer Protection and Business Law.

[13] Medical Negligence and the Law in India, by R.K. Bag (2nd Ed., Oxford University Press, 2021).

[14] Aparna Chandra and Mrinal Satish, 'Medical Negligence and Consumer Protection: A Critical Appraisal' (2020) 32(2) National Law School of India Review 45.

[15] Study on defensive medicine practices in India 2025 (Published by Indian Medical Association).

[16] In this case, the Supreme Court of India in Malay Kumar Ganguly v. Sukumar Mukherjee & Ors. (2009) 9 SCC 221 drew the parameters of the concept of compensation in a constitutional interpretation of the term.

@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}
  }