Medical Negligence Laws In India
By Team Legistify / 2017-08-01
An In-depth analysis of the legal aspects and consequences of medical negligence which is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


With the rising number of litigations regarding medical negligence, it is discernible that the knowledge of patient's rights in Indian society has been growing promptly in the recent past. Medical negligence laws have been made stringent over the years by courts awarding exemplary compensations and statutory provisions. It was nearly two decades ago, Anuradha Saha died following faulty treatment at AMRI hospital in Kolkata.

In 2013, the apex court awarded Kunal, Anuradha’s husband, over 11 crores in compensation. The verdict in this case ( Dr. Kunal Saha Represented vs Dr. Sukumar Mukherjee And Ors ) was hailed as a watershed moment in medical negligence litigations. Similarly, with the passage of Consumer protection act 1986, litigations alleging medical negligence have increased. In India, anyone aggrieved of medical negligence can file a civil suit or a criminal suit, or file a complaint with a consumer court.

Medical negligence as a Tortious liability

The fundamental principle of the medical profession is ‘ primum non nocere ’ (first no harm to the patient). This profession is considered most noble, of all arts, because it deals with human life. It bestows upon a doctor the responsibility of due care. It is implicit that anyone who enters medical profession undertakes to profess it with due care and skill. Medical negligence is simply the failure to exercise this due care. Talk to the best medical negligence lawyer in India to know more.

According to Halsbury's Laws of England, “ any medical practitioner, who is consulted by a patient, owes him certain duties namely 1) duty of deciding whether to undertake the case,2) duty of care in deciding what treatment to give and 3) duty of care in the administration of that treatment. Any breach of the aforementioned duties will make the practitioner liable for negligence. While the Halsbury's Laws of England talks about ‘ duty owed’ and it's ‘breach’, Winfield incorporates the third essential ingredient of negligence - ‘injury’.

An In-depth analysis of the legal aspects and consequences of medical negligence which is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics