Medical Negligence And Patient Rights In India: A Critical Analysis Of Legal Framework And Challenges
- IJLLR Journal
- Jun 1
- 2 min read
Chayanika Rajpal, Amity Law School, Amity University Noida
Ms. Priyanka Gupta, Assistant Professor, Amity University Noida
ABSTRACT
This dissertation critically analyzes the issue of medical negligence in India with specific reference to the legal framework that regulates the rights of patients and the difficulties in enforcing such rights. Medical negligence, a serious problem eroding the health sector, is when medical professionals do not maintain the standard of care in their practice, and the patient is injured or harmed in the process. Whereas the Indian judiciary offers redress to patients violated by medical negligence, its implementation is marred by numerous legal and procedural complications.
The article begins with addressing the theoretical context of medical negligence, pointing to its legal terminology, components, and landmark judgments. It proceeds to discuss the legal grounds for medical negligence in India, such as the IPC sections, Consumer Protection Act, and the role of medical ethics and the Medical Council of India. From the research of case law, this dissertation establishes the nuances of establishing negligence, the extent of judicial interpretation to patient rights, and the extent of legal protection for patients currently.
The study cites some of the issues in the legal process like delay, burden of proof, and recovery of expert opinions. It also cites the use of informed consent and the question of compensation to the victims of medical negligence. A comparative best practice report from around the world, viz., the UK, USA, and Australia, is provided for the purpose of making recommendations towards possible reforms for India's judiciary.
Last but not least, the dissertation sets forth suggestions to enhance patient rights, enhance the accountability of physicians, and enhance alternative modes of dispute resolution such as mediation and arbitration. The research concludes on a note of urgency highlighting legislative and procedural changes so that cases of medical negligence are disposed of efficiently with proper consideration of patients' rights and justice.
