Medical Negligence and Law - A Study of Judicial Approach in India
DOI:
https://doi.org/10.48047/Keywords:
Healthcare, Hippocratic Oath, Medical Negligence, Bharatiya Nyaya Sanhita (Indian penal code), Medical termination of Pregnancy act, consumer protection act.Abstract
ABSTRACT
Medical negligence, a negligence by the living God, not only common now a days but have become
one of the serious issues in India even in whole world. Medical profession, though one of the
noblest professions, is not immune to negligence which as a results complete / partial impairment
or culminates into another misery or even sometimes death of patient. The magnitude of negligence
or deliberate conduct of the medical professionals has many times led to litigation. To carry out
this profession with all the care and responsibility towards the patients, doctors are bound with the
Oath. However due to rising cases of Medical Negligence in present scenario, it seems that medical
practice has become more of a commercial industry resulting into mishandling of the lives of
patients who rests their belief and trust with their treating doctor. The aim is to analyze the concept
of negligence in medical profession in the light of interpretation of law by the Supreme Court of
India with the help of BNS (Bhartiya Nyaya Sanhita or Indian Penal Code Act), MTP Law, tort.
