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Article Vol. 2 No. 1 (2019) PP. 231 - 237

Legal Analysis of Medical Malpractice

Lead author · Corresponding
Tanya Patwal
Amity Law School, Delhi (GGSIP University), Delhi, India
Co-author
Tanya Agarwal
Amity Law School, Delhi (GGSIP University), Delhi, India
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Abstract

Medical malpractice is a serious issue in India and is globally deteriorating millions of lives daily. Medical Malpractice is a legal cause of action that arises when a medical professional deviates from standard professional practices and injures the patient. In common law jurisdictions, medical malpractice liability are normally based on the laws of negligence. A recent survey carried out by National Law School of India University (NLSIU), Bangalore, has pointed out that medical negligence in India has gone up by 400% in the last decade. Every individual deserves the best possible healthcare facilities and if one pays for the best services, he or she deserves faultless treatments. In a world that is health-conscious, people rush to the doctors and place unwavering faith on them. Now the question is whether these people are getting the care they deserve and whether their life is valued as it should be? This article legally analyses one of the most common medical malpractice in India- medical negligence.

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International Journal of Law Management and Humanities, Volume 2, Issue 1, Page 231 - 237
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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