Medical Professionals’ Liability In India: Intersections Of Tort Law, Contract Law And Consumer Protection Law
- IJLLR Journal
- Dec 18, 2025
- 2 min read
Joel James J, Tamilnadu Dr. Ambedkar Law University
ABSTRACT
Medical liability in India operates within an increasingly complex framework shaped by tort law, contract law and the Consumer Protection Act, 2019, each contributing distinct but overlapping principles governing the responsibilities of medical professionals. As healthcare transitions from traditional individual practice to corporatised, technology-driven institutions, courts have been required to refine the standards of reasonable care, informed consent and institutional responsibility. This article examines the doctrinal evolution of these liability regimes through landmark decisions such as Indian Medical Association v. V.P. Shantha, Jacob Mathew v. State of Punjab, Kusum Sharma v. Batra Hospital and Arun Kumar Manglik v. Chirayu Health and Medicare, which collectively shape the contemporary understanding of medical negligence. Tort law remains the foundational basis for determining duty, breach and causation, while contract law reinforces patient autonomy through implied assurances of skill, diligence and meaningful consent. The Consumer Protection Act has become the most utilised mechanism for redress, offering accessible procedures and broad remedial powers to address deficiencies in medical service. The article further analyses the expanding scope of institutional and vicarious liability in corporate hospitals, the implications of product liability provisions under CPA 2019, and emerging medico-legal challenges posed by telemedicine, artificial intelligence, data protection norms, National Medical Commission regulations and evolving criminal negligence standards under the Bharatiya Nyaya Sanhita, 2023. By synthesising these frameworks, the study highlights the convergence around a common standard of reasonable care while identifying procedural divergences that generate both opportunities and uncertainties for litigants and healthcare providers. It concludes by proposing reforms to harmonise medico-legal standards, strengthen expert review mechanisms, and foster an accountability system that balances patient rights with professional autonomy in a rapidly evolving healthcare landscape.
Keywords: Medical negligence; Tort liability; Contractual duty; Consumer Protection Act 2019; Informed consent; Institutional liability; Healthcare regulation.
