Right To Consumer: A Socio-Legal Study with Reference to Medical Negligence

Consumer protection has emerged as one of the most important aspects of modern legal systems, especially in sectors directly related to human life and dignity, such as healthcare. With the increasing commercialisation and privatisation of medical services, incidents of medical negligence have significantly increased, raising concerns regarding accountability, ethics, and patient rights. The recognition of patients as consumers under the Consumer Protection Act, 2019, has transformed the legal relationship between doctors and patients by enabling victims of negligent treatment to seek compensation and legal remedies. This study examines the socio-legal dimensions of consumer rights with special reference to medical negligence in India. It analyses the legal framework governing medical services, the role of consumer forums, constitutional protections, judicial interpretations, and ethical responsibilities of medical professionals. The article further highlights the social impact of negligence on patients and society, challenges faced in proving medical negligence, and the need for stronger regulation and awareness. The study concludes that a balanced approach ensuring both patient protection and professional independence of doctors is necessary for maintaining justice, trust, and accountability in the healthcare sector.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-05-27
DOI
https://doi.org/10.5281/zenodo.20411771
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

Right To Consumer: A Socio-Legal Study with Reference to Medical Negligence

Manoj Kumar Sadual, Manpreet Sadual
Zenodo (CERN European Organization for Nuclear Research)
Medical Malpractice and Liability Issues
article

Right To Consumer: A Socio-Legal Study with Reference to Medical Negligence

Manoj Kumar Sadual, Manpreet Sadual
article en

Abstract

Consumer protection has emerged as one of the most important aspects of modern legal systems, especially in sectors directly related to human life and dignity, such as healthcare. With the increasing commercialisation and privatisation of medical services, incidents of medical negligence have significantly increased, raising concerns regarding accountability, ethics, and patient rights. The recognition of patients as consumers under the Consumer Protection Act, 2019, has transformed the legal relationship between doctors and patients by enabling victims of negligent treatment to seek compensation and legal remedies. This study examines the socio-legal dimensions of consumer rights with special reference to medical negligence in India. It analyses the legal framework governing medical services, the role of consumer forums, constitutional protections, judicial interpretations, and ethical responsibilities of medical professionals. The article further highlights the social impact of negligence on patients and society, challenges faced in proving medical negligence, and the need for stronger regulation and awareness. The study concludes that a balanced approach ensuring both patient protection and professional independence of doctors is necessary for maintaining justice, trust, and accountability in the healthcare sector.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Medical Malpractice and Liability Issues
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