“THE EPICENTRE OF INDIAN HEALTHCARE: A TUSSLE AMONG ETHICS, ACCOUNTABILITY AND INCENTIVES”

AUTHORS – YUKTI SETH* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – YUKTI SETH & DR. ANUPRIYA YADAV, “THE EPICENTRE OF INDIAN HEALTHCARE: A TUSSLE AMONG ETHICS, ACCOUNTABILITY AND INCENTIVES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 298-304, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This writing circumscribes around the concept of medical negligence that is a rising trend in the decade. The analysis elaborates on the upgradation of the standards of the core principles of criminal liability and the real-life problems encountered by the patients. By a meticulous contemplation and analysis of the information, data and statistics sustained, it is essential to segregate the pith and substance.

Lack of accountability is as severe as lack of awareness among the people regarding their rights and laws revolving around negligence cases.

To attempt to eradicate the gap between theory and practice, the cases and circumstances that hamper medical trust of people have been studied in order to address the shortcomings of the medical profession today. The aim of this empirical statistics and judicial precedents analysis, in this study is to ascertain the level of awareness among people regarding the sensitive topic of medical negligence. The study incorporates landmark precedents of the Honourable Supreme Court of India and High Courts of India to enlighten, alongside a comparison of the medical laws on negligence that exist in our country.

The findings from the NCRB data suggest that, although medical negligence forms a small sect of negligence cases, the conviction and pendency rates are quite high. Law is complementary to medicine. Adequate provisions outline the definitions for the provision of justice. The study deduces that it is indispensable to maintain the balance between the rights and lives of the patients and independent professional practice.

With the law favouring justice, it is essential to establish a core foundation which balances both the sides. While, it is not possible to compensate for the loss of life of any individual for their family, addressing the cases of medical negligence and penalizing it are certainly the need of the hour for the nation.

Keywords– Medicine, judiciary, negligence, awareness