Duty Of Care And Liability In Medical Negligence
- IJLLR Journal
- 5 minutes ago
- 2 min read
Ritesh Raj V K, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
Medical negligence lawsuits has arisen as a major source of concern in India's healthcare system, especially given the growing number of malpractice claims. Despite the legal framework provided by the Consumer Protection Act of 1986 and the Medical Council of India regulations, victims of medical malpractice continue to face significant hurdles in obtaining justice. This research investigates the various problems encountered in medical negligence lawsuits in India, including legal, procedural, and sociological aspects. The first section of the paper discusses the idea of medical negligence as well as the legal regulations that govern it. It goes into greater depth about how difficult it is to prove negligence, which necessitates a thorough understanding of medical norms and processes. A critical review of medical experts' duties and testimony is offered, emphasizing how difficult it can be to obtain unbiased expert opinions. The report also tackles the lengthy and often difficult legal procedures that victims must go through, such as a lack of specialised tribunals and a backlog of cases in the judicial system.
The piece also explores how the stigma surrounding medical malpractice lawsuits prevents victims from seeking justice. It also highlights the danger of discrimination in the court system, as well as the authority of the medical community. To expedite justice for victims of medical negligence, the paper concludes with recommendations to improve public understanding of the law, reduce the litigation process, and establish specialised tribunals. This study aims to advance the existing discourse about improving the medical negligence litigation environment in India by advocating for changes that ensure responsibility within the healthcare system and protect patients' rights.
Keywords: Medical negligence, litigation, India, healthcare, consumer protection, legal challenges, patient rights.
