The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)

It was replaced by the Consumer Protection Act, 2019 (CPA 2019) which introduced some major amendments to the Consumer Protection Act, 1986. This paper will look at the application of the Act to medical negligence cases, review the history of consumer protections in healthcare, and discuss new issues like liability for telemedicine, AI and the diagnosis process, digital consent and corporate hospital accountability. Based on the judicial trends from 2020-26, the paper posits that CPA 2019 is a good instrument for protection of patients but it is certainly a need of the hour to have a reform in it so as to balance the patients' rights with the professional liberty of doctors. It ends with recommendations for special medical courts, no-fault compensation and a digital healthcare liability system.

Authors

Publication Details

Journal
Iconic Research and Engineering Journals
Published
2026-07-18
DOI
https://doi.org/10.64388/irev9i12-1719282
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)

Mathimi Anusha
Iconic Research and Engineering Journals
Medical Malpractice and Liability Issues
article

The Role of Consumer Protection Act, 2019 In The Matter Of Medical Negligence in India: Emerging Challenges and Reforms (2020-2026)

Mathimi Anusha
article en

Abstract

It was replaced by the Consumer Protection Act, 2019 (CPA 2019) which introduced some major amendments to the Consumer Protection Act, 1986. This paper will look at the application of the Act to medical negligence cases, review the history of consumer protections in healthcare, and discuss new issues like liability for telemedicine, AI and the diagnosis process, digital consent and corporate hospital accountability. Based on the judicial trends from 2020-26, the paper posits that CPA 2019 is a good instrument for protection of patients but it is certainly a need of the hour to have a reform in it so as to balance the patients' rights with the professional liberty of doctors. It ends with recommendations for special medical courts, no-fault compensation and a digital healthcare liability system.

Iconic Research and Engineering JournalsVol. 9(12)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Medical Malpractice and Liability Issues
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