Balancing Professional Autonomy And Patient Protection: Criminal Liability For Medical Negligence In India

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Ravindhar S, The Tamil Nadu Dr. Ambedkar Law University

ABSTRACT

Medical practitioners hold a distinct societal role, charged with protecting life and health while relying on independent clinical judgment. Yet episodes of medical negligence provoke pressing concerns about responsibility, patient safety, and the scope of criminal culpability. In India, imposing criminal responsibility on healthcare providers for negligent conduct has been the focus of sustained judicial attention and policy discussion. Over- criminalisation can impinge on professional independence and deter medical practice, whereas insufficient accountability endangers patient safety and public confidence. This article reviews the legal regime addressing criminal liability for medical negligence in India, examines judicial doctrines developed by courts, and assesses the precarious equilibrium between preserving professional discretion and protecting patient rights. The paper contends for a measured legal response that separates bona fide medical mistakes from grossly negligent acts while upholding constitutional commitments to life, liberty, and fairness.

Keywords: Medical Negligence; Criminal Liability; Professional Autonomy; Patient Rights; Gross Negligence; Indian Criminal Law; Medical Ethics.

BALANCING PROFESSIONAL AUTONOMY AND PATIENT PROTECTION- CRIMINAL LIABILITY FOR MEDICAL NEG.

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