Medical Negligence: Liabilities & General Defences for Doctors under the Consumer Laws
The liability for medical malpractice is governed by different statutes and laws in India, however, the time has come where legislature should take steps to make an independent statute to govern medical malpractices.
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The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the case of India Medical Association v. VP Shantha (Civil Appeal No. 688 of 1993) held that medical services are within the ambit of the term “Services” defined in the Consumer Protection Act, 1986. Read more
