Medical negligence in India
A critical study
Keywords:
Negligence, liability, breach, compensation, consumerAbstract
Medical negligence, now days have become one of the serious issues in India. Our experience tells us that medical profession, one of the noblest professions, is not immune to negligence which at times results in death of patient or complete / partial impairment of limbs, or culminates into another misery. There are instances wherein most incompetent or ill/under educated doctors, on their volition, have made prey the innocent patients. The magnitude of negligence or deliberate conduct of the medical professionals has many times led to litigation. The present paper aims to analyze the concept of negligence in medical profession in the light of interpretation of law by the Supreme Court of India.
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References
The Constitution of India
The Consumer Protection Act, 2019
The Medical Council Act, 1956
Indian Penal Code, 1860
WHV Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, International Student Edition, 1998 .
Laxminath and M Sridhar, Ramaswamy Iyer‟s The Law of Torts, LexisNexis Butterworths, Ninth Edn, 2003
Ram Shelkar, Medical Negligence and Compensation, Lawmann’s, 2nd edn.2022
Y.V . Rao, Law Relating to Medical Negligence, Asia Law House, 3rd Edn. 2019
M.K. Balachandran, Consumer Protection Act and Medical Profession, Department of Consumer Affairs, Govt. of India in association with I.I.P.A., New Delhi, 2006, Reprint 2008.
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