Empowering Patients: Understanding the Legal Rights of Consumers in India's Healthcare System

Soumya

Research Scholar, Faculty of Law, University of Allahabad

Dr. Mukta Verma

Assistant Professor, Faculty of Law, University of Allahabad

---

Abstract

In the dynamic landscape of healthcare, patients are not merely recipients of services but active participants with rights and responsibilities. Recognizing patients as consumers, India's legal framework affords them certain protections and entitlements to ensure quality care, informed decision-making, and redressal of grievances.

This article aims to elucidate the legal rights of patients as consumers in India's healthcare system, empowering individuals to advocate for their well-being and assert their rights effectively.

The following work provides an overview and analysis of the rights of patients as consumer in Indian legal system. It begins with an introduction as to the legal mechanism with respect to consumer rights in India, recognising its importance in the current consumer centric environment.

 The article then examines as to how a patient can be considered to be governed by the definition of consumer, delving into the key elements which qualifies this vulnerable section to be protected by the consumer protection framework. It then attempts to chalk out the legal framework which governs the consumer rights in India and also provides the fundamental protections provided therein. It then discusses in detail as to how the Consumer Protection Act, 2019 protects and empowers patients as consumers of health care in India. Simultaneously, landmark judgements governing the rights of patients as a consumer have also been discussed. The article finally draws conclusion as to the importance of recognising patients as a consumer and the need to protect their rights thereof. It also attempts to make certain suggestions to tackle the underlying challenges.

Keywords

Consumer rights in India, legal framework, Patients as Consumers,  Patients Rights, health care, Consumer Protection Act, 2019

Read Full