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Aditya Research Proposal

This research proposal is about analyzing medical negligence through the lens of the Consumer Protection Act. The researcher will examine concepts of medical negligence, consumer rights regarding medical services, and liabilities of medical professionals. They will analyze medical negligence cases from different consumer courts and the Supreme Court. The objectives are to identify gaps and suggest acceptable changes to both the medical and consumer fields. The researcher will use a doctrinal methodology and hypothesizes that the Consumer Protection Act provides adequate justice in medical negligence cases. The conclusion will focus on elaborating medical negligence in India through analyzing relevant case laws.

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ARJUNSINH SEJPAL
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219 views4 pages

Aditya Research Proposal

This research proposal is about analyzing medical negligence through the lens of the Consumer Protection Act. The researcher will examine concepts of medical negligence, consumer rights regarding medical services, and liabilities of medical professionals. They will analyze medical negligence cases from different consumer courts and the Supreme Court. The objectives are to identify gaps and suggest acceptable changes to both the medical and consumer fields. The researcher will use a doctrinal methodology and hypothesizes that the Consumer Protection Act provides adequate justice in medical negligence cases. The conclusion will focus on elaborating medical negligence in India through analyzing relevant case laws.

Uploaded by

ARJUNSINH SEJPAL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Research proposal

Name:- Patel Aditya

Roll No :-04

Titel :- Medical Negligence – Through the lens of consumer protection


Act

Introduction:-

 Medical Profession is a noble profession. The relationship between


the patient and doctor is based on mutual trust and faith.Consumer
Protection Act, 1986 is a very unique and highly progressive piece
of social welfare legislation and the provisions are intended to
provide effective and efficient safeguards to the consumers against
various forms of exploitations and unfair dealings.

 Medical negligence means the failure to exercise reasonable skill


as per the general standards and prevalent situation is called as
medical negligence. Medical negligence gives rise to civil as well
as criminal liability. In Civil wrong an aggrieved person can file
claim of compensation either through suit or complaint lodged in
consumer forum. Since the enactment of consumer protection Act,
there has been a significant increase in medical negligence cases
being field. Consumer Protection Act is a very unique and highly
progressive piece of social welfare legislation and the provision are
intended to provide effective and efficient safeguard to consumer
various forms of exploitations and unfair dealing . Through the this
research attempt to focus upon new approaches of judiciary
relating to medical negligence liability under the consumer
protection Act.

This Research Include:-

 Concept of medical negligence


 Consumer right and medical services
 Liabilities of medical professionals for medical negligence
 Medical negligence liability under consumer protection Act

 Medical negligence cases in different consumer court and supreme


court

Objective of research :-

 The research is need to bring out the lacuna to suggest the changes
that are acceptable to medical field and consumer
 There is need for more research to evaluate the current and
changing trend in the medical negligence and consumer
 Through the same case laws attempt to focus upon the new
approaches of judiciary relating to medical negligence through the
lens of consumer protection Act.
Research methodology :-

Doctrinal methodology

Medical Negligence Cases Analysis in different consumer courts :-

 District Consumer Disputes Redressal Forum

 State Consumer Dispute Redressal Commission

 National Consumer Disputes Redressal Commission

 Supreme court

Hypothesis

Consumer Protection Act provide adequate justice in cases of Medical


Negligence.

Conclusion:-

This research has elaborated the Medical Negligence in last few decades
in India through the lens of Consumer Protection Act. Through the some
case laws focus upon the lacunae in Medical Negligence Law and
required Changes in Filled of medical and consumer.

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