Medico-Legal Litigation and Medical Negligence in India: Legal Obligations, Patient Rights and Judicial Trends

  • Georgiya Mariya George
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  • Georgiya Mariya George

    LLM Student at National University of Advanced Legal Studies, Kochi, India

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Abstract

This article explores the complex terrain of medico-legal litigation in India, specifically medical negligence, patient rights, and the developing judicial notions that influence legal responsibilities in healthcare. The fast pace of commercialization of the medical industry and greater public sensitization have resulted in a remarkable increase in medico-legal conflicts. At the core of this discussion are the twin legal systems—civil and criminal liability—under which injured patients prosecute for redressal of negligence and infringement of their rights. The research discusses in detail the legal concept and elements of negligence, as explicated by landmark judicial decisions like Jacob Mathew v. State of Punjab and Indian Medical Association v.V.P. Shantha. Also, it addresses the statutory and ethical responsibilities that are placed on medical professionals and highlights the applicability of the Patient Rights Charter by the National Human Rights Commission. Through a doctrinal examination, the paper underscores the intricate convergence between law and medicine and calls for increased accountability, legality, and institutional protections in order to achieve justice for medical malpractice victims and vindicate the legitimate interests of healthcare professionals.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 8, Issue 3, Page 507 - 515

DOI: https://doij.org/10.10000/IJLSI.112660

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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