Year: 2025
Type: article
Abstract: Medical negligence is a major issue in healthcare of India and it affects the patient safety, as well as legal aspects. This paper provides a detailed examination, and determining its meaning in ascertaining the intended approach regarding medical negligence; it also focuses on specific legal methods employed by various courts of law within India. This paper delves deeply into the rudiments of medico-legal negligence — duty of care, breach of duty, causation and damage; it then elaborates upon certain statutes like The Consumer Protection Act 1986 & Section 304A Indian Penal Code 1860, The Clinical Establishments (Registration and Regulation) Act, of. The article then examines significant judicial precedents and finally the article explores evolving jurisprudence and future directions, emphasizing the need for increased awareness, legal reforms, and updates to the legal framework to effectively address medical negligence and ensure justice for patients.
Authors: SREEJA L, SANTHOSHINI R
Institution: SASTRA University
Language: English
Subfield: Pharmacy
Field: Health Professions
Domain: Health Sciences
Open Access status: hybrid
OpenAlex ID: W4412596590