MEDICAL NEGLIGENCE IN INDIA

AUTHOR – MAHAK RAIKWAR, SCHOOL OF LAW & PUBLIC POLICY, AVANTIKA UNIVERSITY, UJJAIN

BEST CITATION – MAHAK RAIKWAR, MEDICAL NEGLIGENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 828-836, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Medical Negligence is a rising issue in India, creating serious risks to patient safety and healthcare quality. Despite being one of the best professions, the medical field is not liable for negligence, often resulting in severe consequences such as a patient’s death or disability. This paper goes through the interpretation of negligence in the medical profession by the Supreme Court of India, aiming to comprehensively analyze its legal, social, and economic dimensions. Through a thorough review of literature, case studies, and legal documents, the study explores the challenges in identifying, proving, and addressing instances of medical negligence. Methodologies include examining relevant laws, analyzing case studies, and reviewing scholarly articles. Key findings underscore the issue’s complexity, including barriers to justice for affected patients, implications for healthcare provider accountability, and the necessity for legal and healthcare reforms. Medical Negligence not only impacts individual cases but also breaks public trust in the healthcare system and imposes economic burdens.

KEYWORDS – Medical Negligence, Negligence, Tort Law, Res Ipsa Loquitur