The Consumer Protection Act, 2019 plays a significant role in addressing medical negligence in India. Medical negligence refers to the failure of a medical professional or healthcare provider to meet the standard of care required in a medical treatment, leading to harm or injury to the patient. Under the Consumer Protection Act, patients who experience medical negligence can seek redressal for harm suffered due to substandard treatment or services. Here is how the Consumer Protection Act relates to medical negligence: 1. Medical Professionals as Service Providers: - Doctors, hospitals, clinics, and healthcare providers are considered service providers under the Consumer Protection Act. The services provided by them must meet a certain standard of care, which means they are expected to exercise reasonable skill, care, and caution while treating patients. - If the healthcare provider fails to meet this standard and causes harm to the patient, the patient can file a complaint under the Consumer Protection Act for deficient services. 2. Definition of Consumer: - Under the Act, a consumer is defined as anyone who avails services for a fee, which includes medical services. Therefore, a patient seeking medical treatment is considered a consumer, and the healthcare provider (doctor, hospital, etc.) is the service provider. - If the treatment provided is substandard or negligent, the patient (consumer) can seek redress under the Consumer Protection Act. 3. Deficiency in Service: - Medical negligence falls under the category of deficiency in service as outlined in the Consumer Protection Act. If a patient receives negligent medical treatment, the service (medical care) provided is considered deficient, and the patient may file a complaint for this deficiency. - Examples of medical negligence could include misdiagnosis, incorrect treatment, surgical errors, failure to follow accepted medical practices, or failure to inform the patient about potential risks. 4. Filing Complaints Under Consumer Forums: - Patients who believe they have suffered due to medical negligence can file a complaint before the Consumer Forum (District Forum, State Commission, or National Commission depending on the value of compensation claimed). - The forum has the authority to hear complaints and pass orders, which may include compensation for damages, as well as any other relief deemed appropriate. 5. Compensation for Medical Negligence: - Under the Consumer Protection Act, the consumer (patient) can claim compensation for the injury or harm caused by the medical negligence. This could include: - Compensation for physical harm. - Mental anguish or suffering. - Financial loss due to medical expenses or loss of income. - The Consumer Forum has the power to direct healthcare providers to compensate the patient for these losses. 6. Role of Medical Experts: - In cases of medical negligence, the Consumer Forum may rely on expert opinions from medical professionals to determine whether the healthcare provider failed to meet the required standard of care. This helps in establishing whether the medical negligence occurred. 7. Time Frame for Filing Complaints: - Under the Consumer Protection Act, a complaint related to medical negligence must be filed within two years from the date of the occurrence of the incident. This ensures that patients can seek redressal in a timely manner. 8. Medical Negligence vs. Medical Malpractice: - Medical negligence refers to a failure to exercise reasonable care, skill, or diligence in providing medical services. Medical malpractice, on the other hand, involves more serious negligence and can include intentional harm or gross incompetence. - Both fall under the same legal framework in terms of seeking remedies through consumer forums, but medical malpractice may also be subject to criminal liability under Indian Penal Code (IPC), in addition to civil liability under the Consumer Protection Act. 9. Consumer Protection Act 2019 and Online Health Services: - The Consumer Protection Act, 2019, has also broadened the scope of consumer rights to include online services. With the rise of telemedicine and online consultations, patients availing medical services through digital platforms are also protected under this Act. 10. Recent Amendments and the Consumer Protection Act (2019): -The Consumer Protection Act, 2019 introduced the concept of unfair trade practices and restrictive trade practices. Medical negligence by healthcare providers, especially in terms of overcharging or unnecessary treatments, could also be challenged under this provision. The new Act also created the Central Consumer Protection Authority (CCPA), which can take action against unfair practices by service providers, including in the healthcare sector. Conclusion: The Consumer Protection Act, 2019 plays a crucial role in addressing medical negligence in India by providing a legal remedy for patients who suffer harm due to substandard medical services. The Act recognizes healthcare providers as service providers and holds them accountable for the quality of care they provide. Through consumer forums, patients can seek compensation for the injury or loss caused by medical negligence, ensuring that they have access to justice for any harm suffered.

Dear Client, The Consumer Protection Act (CPA) in India helps patients by offering a path for seeking justice when medical services are not up to standard. Medical Services Are Now Included in the CPA The Indian Medical Association v. V.P. Shantha (1995) judgment added medical services to the CPA, 1986, treating them as “services" according to Section 2(1)(o). Now patients could file complaints about poor service from healthcare staff. Much like the 1986 Act, the CPA, 2019 enables patients to request damages for medical mistakes with consumer forums. Understanding Medical Negligance as Defined in the CPA In the CPA, any fault, deficiency, flaw or inadequacy in a doctor’s actions that falls under the "quality, nature, manner or performance" needed by law or contract is considered medical negligence. A duty of care means the healthcare provider had a responsibility to the patient. There was a failing to meet the expected care for the patient. Harm or injury happened to the patient because of the administrative breach. Loss: The patient suffered a real loss or damage. If someone doesn’t get the expected result, it doesn’t always mean there was negligence; the key is if the right care was given Recent Developments Recently in May 2025, The Kerala High Court ruled that doctors cannot be held criminally liable for every death during treatment, emphasizing that only gross negligence or incompetence would attract such liability. Conclusion Through the Consumer Protection Act, patients can hold doctors liable for their mistakes in medical care. The CPA makes the law fair and convenient for patients while encouraging better health care services across India. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.