Abstract

Medical negligence litigation has emerged as a critical area of concern in India’s healthcare system, particularly in light of the increasing number of malpractice cases. Despite the legal framework established under the Consumer Protection Act, 1986, and the Medical Council of India regulations, the pursuit of justice for victims of medical negligence remains fraught with challenges. This paper examines the multifaceted challenges faced in medical negligence litigation in India, encompassing legal, procedural, and societal dimensions. The concept of medical negligence and the legal guidelines that regulate It are covered in the first section of the paper. It goes into further detail on how difficult it is to establish negligence, which calls for a sophisticated knowledge of medical norms and procedures. A critical analysis of medical experts’ roles and testimony is presented, emphasising how challenging it may be to get unbiased expert conclusions. The report also addresses the protracted and frequently difficult legal procedures that victims have to go through, such as the dearth of specialised tribunals and the backlog of cases in the court system. The article also discusses how the stigma associated with medical malpractice lawsuits deters victims from pursuing justice. It also emphasises the possibility for prejudice in the legal system as well as the power of the medical community. In order to speed justice for victims of medical negligence, the report ends with proposals to improve public understanding of the law, shorten the litigation procedure, and create specialised tribunals. By promoting changes that guarantee responsibility within the healthcare system and safeguard patients’ rights, this research seeks to further the current conversation on enhancing the medical negligence litigation environment in India.

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