top of page

Role Of Negligence In Medical Malpractice Cases In India




Rishi Somani, Deccan Education Society, Shri Navalmal Firodia Law College

Shreyanshi Srivastava, Deccan Education Society, Shri Navalmal Firodia Law College


ABSTRACT


This paper examines how important negligence is in shaping medical malpractice cases in India. It surveys statutory frameworks (including Consumer Protection Act, 2019 and the Indian Penal Code), landmark Supreme Court authorities (notably Indian Medical Association vs. V.P. Shantha, Jacob Mathew vs. State of Punjab, Samira Kohli vs. Dr. Prabha Manchanda, Kusum Sharma vs. Batra Hospital), evidentiary rules (expert evidence, medical records, and res ipsa loquitur), and emerging problems. The paper argues that while negligence remains the doctrinal fulcrum of liability, recurring gaps in data, guidelines and specialised dispute – resolution mechanisms produce uncertainty and defensive medicine. It offers reform suggestions: clearer clinical standards, mandated documentation practices, statutory mediation for medical disputes, and sector – specific rules to allocate responsibility in telemedicine and AI – Supported care.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page