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International Journal of
Law
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VOL. 3, ISSUE 5 (2017)
Medical negligence liability under consumer protection act: Judicial approaches in India
Authors
Dr. VG Shinde
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 carelessness. In all cases of negligence, there will be deficiency but in all cases of deficiency, negligence will not be present. The Indian judiciary has commendable service in protecting and preserving the rights of the consumers as well as sensitizing the society concerning the rights of the consumers. The researcher through some case laws attempt to focus upon the judicial activism on medical negligence liability under the Consumer Protection Act.
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Pages:107-110
How to cite this article:
Dr. VG Shinde "Medical negligence liability under consumer protection act: Judicial approaches in India". International Journal of Law, Vol 3, Issue 5, 2017, Pages 107-110
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