MEDICAL NEGLIGENCE: CURRENT SCENARIO IN INDIA

Medical profession, one of the noblest professions, but not immune to negligence due to lack of reasonable degree of care and skill or willful negligence, which causes injury or death of the patient. There is no proper guideline in India to tackle the issues related to the medical negligence. So, interpretation of law by the different court and law enforcing agencies along with the circumstantial evidence related to negligence cases, sometimes becomes misleading and lead to wrong conviction and punishment. So, doctors are always afraid of its impact on them. Many landmark judgments have been passed by various courts and consumer forums in civil and criminal negligent cases, against doctors and health institutions, to award compensation in alleged negligence cases. Now a days, people are more aware of their rights and health, so cases of medical negligence have significantly gone up over the past few years. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence. The present article aims at discussing the various aspects of negligence, and current scenario in India and discussion with different landmark judgements of cases related to medical negligence.