Between Duty and Liability: Re-Examining the Medico-Legal Framework for Medical Negligence in India

Medical negligence law in India occupies a particularly contested space: it governs a relationship of inherent vulnerability, is shaped more by judicial pronouncement than legislative design, and sits at the junction of tort law, criminal law and consumer protection. This article examines the medico-legal framework through four interconnected lenses. It begins with the common law standard of care as received and progressively modified by the Supreme Court of India, tracing the journey from the Bolam test through Jacob Mathew v State of Punjab to the doctrine of res ipsa loquitur in consumer forums. It then examines informed consent as a doctrinally underdeveloped but practically critical dimension of medical liability. The third part analyses the regulatory architecture introduced by the National Medical Commission Act, 2020 and the structural gaps it leaves. The fourth addresses the multi-forum jurisdictional complexity that a patient with a legitimate grievance must navigate. The article argues that the framework, though broad in coverage, lacks coherence in substance, and proposes targeted judicial and statutory reforms.