Healthcare, Accountability, and Consumer Rights: Re-examining Medical Negligence Liability under the Consumer Protection Act, 2019

Abstract

The introduction and enactment of the “Consumer Protection Act, 2019” (hereinafter ‘COPRA 2019’) has brought about some landmark reforms that have a direct impact on adjudication proceedings of medical negligence cases in India. This paper revisits the understanding of the scope of the medical service provider's liability under COPRA 2019 in line with the foundational jurisprudence laid down by the Supreme Court of India in “Indian Medical Association v. V.P. Shantha” (1995). The paper critically examines the changes in the definition of ‘consumer', ‘service', ‘unfair trade practice' in the medicine manufacturing industry and the impact of the newly established “Central Consumer Protection Authority” (CCPA) on medical negligence redressal. Based on a detailed comparative analysis of jurisprudence, as well as empirical data on the rates of complaints filed and complaints disposed of during the period of 2017–2023, and landmark judgments, the paper maintains that despite COPRA 2019 being a progressive measure moving toward accountability in healthcare practice viewed from a patient's perspective, there are still significant gaps, some of which can be attributed to jurisdiction-based uncertainty, the lack of a specialized medical negligence tribunal, and poor protection of patient information. The paper ends with legislative and judicial suggestions to provide a more clear and streamlined structure to the liability of doctors in India.