Poornima Singh, PhD Scholar, Faculty of Law, Delhi University
This Article discusses the various contours of Medical Negligence which had been treated as a tort as well as crime under the Indian Legal System. The Supreme Court till date has been following the BOLAM test but there has been interjections made by the Apex Court in a recent judgment on the blanket approach of BOLAM Test in every case of medical negligence. Moreover, a reference has been made to the practice in United Kingdom which has shifted its approach from BOLAM to BOLITHO. Thereafter, the jural relationship between the doctor and her patient is been discussed which makes the doctor liable for the breach committed. Once this relationship has been established and acknowledged, the issue relating to access of justice to the victims of medical negligence and the method of justice delivery practiced in India had been elaborated. While venturing into the given issue, the researcher found certain lapses in the current execution and implementation of law and had also discussed the accountability of Healthcare provider with regard to pandemic Covid 19 in India wherein suggestions had been poured in to facilitate the working of Medical Sector in a better condition so that justice is accessed and served to all the affected parties.
Keywords: Medical Negligence, BOLAM, Access to Justice, Victims