Civil Liability for deficiency in medical services with special reference to surgical treatments A Crtique of Consumer Protection Act 1986

Abstract

Function of the law is to lay down certain standards of conduct which the community is expected to observe since without the observation of such standards civilised life could not be carried on satisfactorily. It is essential that the damages awarded in the medical negligence cases gives the right message to the medical community that tort does not pay irrespective of the social status of the victim. In setting that lies the protection of patients in India. In order to ensure consistency and uniformity, award of compensation needs to have clear and certain standards. newlineComprehensive legislation, in the lines of Motor Vehicles Act, 1988, exclusively dealing with medical negligence is an urgent need. The Thesis is having a specific suggestion to enact new law and establish a new set of adjudicatory mechanism which will be free from the infirmities of COPRA. newline