Criminal Liability In Medical Negligence: A Critical Examination Of The Tension Between Professional Autonomy And Judicial Accountability Under Indian Law
- IJLLR Journal
- Mar 12
- 1 min read
Ankita, SRM University, Delhi NCR
Dr. Shubham Singh Bagla, Assistant Professor, SRM University, Delhi NCR.
ABSTRACT
Medical profession is considered as noble profession in India. Medical professionals are important pillars who help to build nation healthy and strong. Medical professionals promote well-being in society. But sometimes, things take unexpected turn and amounts in medical negligence. Medical profession is 24/7 service. Though, doctor is considered as God in India but when instances of medical negligence came then people can make doctors accountable. Recently, India has witnessed emerging instances of medical negligence and criminal cases are filed not just against doctors but also against hospitals.
This research paper critically examines the issue of criminal liability of doctor in medical negligence cases. It discusses the overall concept of medical negligence under Indian laws and also changes brought by new criminal laws which can directly impact on medical professionals. The concept of autonomy and accountability in medical profession is also discussed. Legal provisions, judicial decisions and rights and responsibilities of doctors are also discussed in this paper. The statutory laws along with comparative analysis of global rules has been critically studies in this paper to better understand the challenges and drawbacks in our medical laws and policies which we can improve to provide better medical facilities to patients and also protect the interests of doctors. This paper also provides suggestions which we can consider to adopt in future to serve justice to patients and also protect the rights and dignity of medical profession in India.
Keywords: Healthcare Liability, Causation, Autonomy, Culpability, Medical Profession
