Medical Negligence : Consumer Protection Act 1986 and the Doctrine of Volenti Non Fit Injuria
By
M. M. Ahuja
In legal parlance the term “Volenti Non Fit Injuria” means no injury is done to a consenting party. This doctrine is based on the principle of assumption of risk i.e. assent or consent to the risk of harm.
It is a matter of common knowledge whenever a patient is in need of medical aid involving exposure to same kind of risk, doctors seek a consent in writing of non liability as a measure of abundant precaution. However, to what extent consent can be a proper defence for the medical profession (under the doctrine of volenti non fit injuria) is the purpose of this write up.
For a deeper study, let us first remind ourselves that the legislative wisdom for enacting the Consumer Protection Act 1986 (as amended upto date) is to provide a cheaper and speedy forum for redressal of grievances and succour to the aggrieved parties, in matters relating to consumer disputes.
The Act provides for a three tier machinery viz. :
Consumer Disputes Redressal ....