Medical Negligence in India: Legal Framework, Judicial Trends and Remedies

Abstract

Medical negligence has become an increasingly significant concern within the Indian healthcare system due to the expansion of medical services, technological advancements, growing patient awareness, and the commercialization of healthcare. While the law recognises that every unsuccessful medical treatment does not amount to negligence, healthcare professionals are under a legal and ethical obligation to exercise reasonable skill, competence, and care in the treatment of patients. Failure to comply with the accepted standard of medical practice may give rise to civil, criminal, consumer, constitutional, and professional liability.

This article critically examines the legal framework governing medical negligence in India by analysing the principles developed through judicial decisions, statutory provisions, and professional regulations. It discusses the essential ingredients of medical negligence, the remedies available to aggrieved patients, and the contribution of landmark judicial pronouncements in shaping Indian medical jurisprudence. The article further evaluates contemporary challenges arising from institutional healthcare, telemedicine, and artificial intelligence through a comparative analysis of selected foreign jurisdictions.