Medical Negligence and Its Legal Implications

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

Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2025-07-20
DOI
https://doi.org/10.36948/ijfmr.2025.v07i04.51636
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

Medical Negligence and Its Legal Implications

L SREEJA, R SANTHOSHINI
International Journal For Multidisciplinary Research
Medical Malpractice and Liability Issues
article

Medical Negligence and Its Legal Implications

L SREEJA, R SANTHOSHINI
article en

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.

International Journal For Multidisciplinary ResearchVol. 7(4)
Openalex Percentile: Top 70%
Medical Malpractice and Liability Issues
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