Medical Negligence: Whose Law is it anyway? 

Krimul Malhotra
Symbiosis Law School, Pune

Volume III, Issue IV, 2020

The research paper titled “Medical Negligence: Whose Law is it Anyway?” is an in depth analysis of the medical negligence laws in India. It begins with an introduction to the concept of medical negligence, followed by an explanation of the types of medical negligence. It further address the relevance of consent under the current laws. The paper also introduces the reader to the tests applied in India and Internationally to determine liability in the cases of medical negligence, categorized broadly as civil and criminal liability. It also delves into the liability under the Consumer Protection Act, Tort Law, Indian Evidence Act and the compliance with the guidelines established by the medical council of India. It concludes with establishing a conclusion as to the nature of medical negligence laws in India and their tendency to be ‘doctor centric.’

Key Words: Medical Negligence, Consent, Standard of Care, Consumer, Ethics.


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