CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM

AUTHOR- AMRITA DAS, STUDENT AT S ‘O’ A NATIONAL INSTITUTE OF LAW, SIKSHA ‘O’ ANUSANDHAN (DEEMED TO BE UNIVERSITY)

BEST CITATION – AMRITA DAS, CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 593-602, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Medical negligence is a major problem in India’s healthcare system, as patients’ rights and medical practitioners’ responsibilities frequently conflict with each other. The notion of informed consent is an important part of medical negligence because it protects a patient’s right to be fully informed about the risks, benefits, and alternatives to any medical operation before proceeding. Despite its importance, informed consent is frequently ignored or badly addressed by healthcare practitioners, leading to allegations of negligence. This study critically investigates the function of consent in medical negligence cases and provides an overview of the current legal frameworks governing medical negligence in India. While many statutes, including the Consumer Protection Act, the Indian Penal Code, and judicial precedents, address the issue, the lack of a comprehensive and coherent legal framework leads to inconsistent application of the law and insufficient protection for patients. The analysis demonstrates how failures in informed consent can result in catastrophic medical effects, providing the basis for negligence claims. This article identifies substantial holes in the existing system by delving into legislative frameworks and landmark court judgments, such as the lack of mandated consent protocols and contradictory legal interpretations of carelessness. Furthermore, the study proposes for complete reforms to India’s medical negligence legislation, including stronger legal protections for patients, clearer rules for healthcare providers, and obligatory consent protocols.  

Keywords: Implied Consent, Judicial oversight, Medical Negligence, Professional Indemnity, Standard of Care.