Medical Negligence: A Critical Study

Ankit Chopra and Ankit Mohanty
KIIT, School of Law, India.

Volume II – Issue II, 2020

Medical Negligence has these days have become one of the major issues in India. Our experience discloses to us that the medical profession is perhaps the noblest profession. Patients normally consider the doctors as God who are going to treat their disease, medical problems and at last, they will be cured and healed by them and we at least anticipate that they should be cautious while performing their obligations toward their patients.

Medical Negligence is similarly named as clinical negligence that is the wrong, inept, ill-advised, or imprudent treatment of patients by their doctor, dental specialist authority, nurture, or other restorative administration specialists. In 1995, the SC judgment for the case Indian Medical Association v. V.P. Shanta and Ors  brought the medical administrations inside the scope of the governance characterized in the Consumer Protection Act 1986. This characterized connection between diligent and clinical experts by enabling legally binding patients to prosecute specialists in the event that they sustained wounds over the class of treatment in ‘process free’ consumer protection courts for remuneration. There is an immediate need to check expanding patterns in the number of medical negligence cases and the crumbling nature of health care in India. A study of decided medical negligence cases can give an understanding of the purposes behind medical negligence cases, factors primarily liable for medical negligence and an effect on the doctor-patient relationship, and so on. The current paper aims to examine the idea of negligence in medical professions in light of the interpretation of the law by the Supreme Court of India.


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