CONSUMER PROTECTION AND MEDICAL NEGLIGENCE: ADDRESSING MATERNITY MALPRACTICES

ABSTRACT
Medical negligence in maternity care is a critical issue that directly impacts the lives of both
mothers and infants, often resulting in irreversible harm or loss. Within the framework of
consumer protection law, patients are increasingly recognized as consumers entitled to safe,
ethical, and competent healthcare services. The Consumer Protection Act in India provides a
legal avenue for victims of maternity malpractices to seek accountability and compensation.
However, the unique complexities of maternal healthcare—such as delayed diagnosis,
improper treatment, inadequate facilities, or negligent conduct during childbirth—make
establishing negligence a challenging task. Judicial precedents have played a pivotal role in
defining the scope of liability of medical professionals and institutions, balancing the rights of
patients with the need to protect practitioners from frivolous claims. This paper critically
examines the interplay between consumer protection mechanisms and maternity negligence
cases, highlighting common lapses in obstetric practice and their legal consequences. It also
explores reforms and best practices to strengthen accountability, such as specialized medical
tribunals, patient awareness, improved grievance redressal systems, and adherence to global
standards of maternal healthcare. By addressing maternity malpractices through robust
consumer protection measures, the study underscores the need to safeguard reproductive rights
and ensure justice in maternal health.