Patient Rights and Medical Negligence Under the Consumer Protection Act, 2019: A Legal Review

Abstract

The protection of patient’s rights has become a prominent feature of the modern healthcare systems particularly in the setting of increasing incidences of medical malpractice and increased consumer awareness. Recognition of patients as consumers of healthcare services under the Consumer Protection Act, 2019, and providing them adequate mechanisms to seek redressal for flaws in medical treatment have substantially improved the legal environment. This review article critically examines the relationship between patient rights and medical negligence under the Consumer Protection Act, 2019 with special focus on legal protection given to patients and liabilities of health care providers. The study applies qualitative doctrinal research approach by using secondary sources of the legislation provisions, court declaration, research articles, government publications and legal opinion. The assessment deals with the human rights of patients such as the right to informed consent, the right to access medical information, the right to confidentiality, the right to emergency medical assistance and the right to excellent health-care services. The study also examines the legal rules concerning medical negligence, the role of consumer commissions in handling healthcare grievances and the significance of landmark judicial judgments in the formation of patient protection laws in India. The findings reveal that although the Consumer Protection Act, 2019 has improved access to justice for consumers through digital complaint mechanisms, mediation and improved compensation provisions, there are several challenges such as delayed adjudication, lack of legal awareness and inadequate documentation.