MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS
AUTHOR – SABILA IFFATH SHUJATHULLAH, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – SABILA IFFATH SHUJATHULLAH, MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 880-889, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
In India, medical negligence is a crucial point where tort law, professional ethics, statutory accountability, and healthcare delivery converge. Fundamentally, medical negligence is defined as a medical practitioner’s failure to exercise the level of care and skill anticipated of a reasonably competent practitioner, to the point where a patient is harmed as a direct result of care that is subpar. The legal system, which has its roots in tort law and was later extended by the Consumer Protection Act of 1986, allows victims to pursue compensation against healthcare organisations as well as individual practitioners, thereby increasing access to justice. The judiciary has repeatedly made it clear that mere mistakes in judgement or unfavourable results do not, in and of themselves, establish negligence; rather, culpability arises when behaviour deviates from standards accepted by a reputable body of medical opinion. Important doctrinal components including duty of care, breach, cause, and damage continue to be crucial. Legally speaking, seminal decisions confirm that professional accountability involves not just civil liability but, in some situations, criminal and regulatory repercussions where extreme carelessness is proven. A changing legal ethos that tries to strike a balance between patient safety, informed consent, and the defence of medical professionals against baseless allegations is reflected in the interaction between patient rights and professional safeguards. This dynamic field of Indian law is being shaped by continual discussions about judicial procedures, evidence standards, and ethical obligations as healthcare complexity increases.
KEYWORDS: medical negligence, professional accountability, Consumer Protection Act 1986, duty of care, breach of duty, standard of care, judicial standards, patient rights, healthcare law.