A Study on Medical Negligence in India: Retrospective and Prospective

We are living in an era where the last profession that anyone would ever want to achieve professionally has been commercialized. It is a medical profession. Thus, it has now come under the purview of the Consumer Protection Act. This paper describes how medical negligence is a violation of human rights and the right to health which is an inherent fundamental right and falls under the extended view of Article 21 (Right to Life). It explains the meaning of medical negligence and observes its consequences. It throws light on the current circumstances regarding medical negligence prevalent in India through data. The landmark verdict recently given by the Supreme Court in two notorious medical negligence cases has been discussed in detail. Meaning of informed consent and protection of doctors from unnecessary harassment has also been mentioned in this paper. The paper is concluded by giving suggestions.