Assessing the Protection of Medical Consumers in India under the Consumer Protection Act, 2019

‘Medical consumers’ are those who avail medical services through a medical practitioner, or in the case of hospitalization, he gets the services in the name of a hospital through one or multiple doctors. In general, whenever a medical consumer approaches a doctor or a hospital, he expects reasonable care and attention in lieu of the standard prescribed fee/charges. But on multiple occasions, he is deprived of such services, and he is forced to take the legal remedy for the purpose of compensation. This paper highlights various consumer rights, challenges of medical consumers, and examines the legal remedies available to the consumers of medical services under the Consumer Protection Act, 2019 (CPA, 2019) [1], which repealed the Consumer Protection Act, 1986 (CPA, 1986) [2]. Since the CPA, 1986, was created, the market has changed significantly, becoming increasingly computerized and technology-oriented, necessitating the need for this new act. The purpose of this research paper is to educate the ‘consumers of medical services’ in the light of rising cases of medical negligence, medical mismanagement, unethical billing practices, and malpractice witnessed by the society and reported in the media. The paper will outline the key changes made in the new act along with other legislative declarations to protect medical consumers in India. An effort will be made to educate and provide a comprehensive overview of consumer rights vis-à-vis CPA 2019 and the legal framework to understand and safeguard the medical consumers with respect to unethical practices and to take necessary safeguards to address their grievances related to medical negligence, deficient service, and unfair trade practices.