Recalibrating Criminal Culpability In Medical Negligence: Indian Law In Transition
- IJLLR Journal
- 3 hours ago
- 1 min read
Umachitra N, Research Scholar, VELS Institute of Science, Technology & Advanced Studies, Chennai
Dr. S.M. Azizunnisaa Begum, Assistant Professor, VELS Institute of Science, Technology & Advanced Studies, Chennai
ABSTRACT
The rapid expansion of medical services and enhanced access to healthcare in recent years have fundamentally altered the landscape of medical practice. This growth has been accompanied by a noticeable increase in allegations of medical negligence and malpractice, both in India and globally. The prevailing legal regime governing medical negligence reflects a dual inadequacy: procedural hurdles and the burdens of litigation deter many victims from pursuing legal remedies, allowing certain negligent acts to evade scrutiny, while the looming threat of criminal prosecution fosters excessive caution among medical professionals. Such over-deterrence often results in defensive medical practices, inflating healthcare costs and constraining professional judgment. Against this backdrop, the present paper undertakes a critical analysis of the concept of medical negligence, with particular emphasis on its criminal law implications. It examines the evolving standards of criminal culpability applicable to medical professionals in India, tracing judicial interpretations, statutory developments, and comparative legal approaches. The paper highlights the shifting contours of criminal liability and interrogates whether existing thresholds adequately balance patient protection with medical autonomy. By situating Indian jurisprudence within a transitional legal framework, the study advocates a recalibrated approach to criminal liability that is principled, proportionate, and responsive to the realities of contemporary healthcare delivery.
Keywords: Medical, Negligence, Litigation, Malpractice, Health Care, Consumers, Liability, criminal liability.
