Medical Negligence, Law and Remedies in India

  • Sarim Fazli
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  • Sarim Fazli

    Student at Amity Law School, Noida, India

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The idea that ignorance of the law is no excuse for breaking it is acknowledged by both our and other legal systems. The norm can also be represented as a legal presumption that everyone is aware of the law. Every individual owes it to himself to understand the parts of it that concern him. A doctor, in particular, is definitely considered to know the law and is treated as if he does, because he can and should know it in general. The doctor-patient relationship is built on faith and trust. With the growth of medical research and technological advancements, no sickness appears to be untreatable or unchallengeable. But sometimes a situation may arise where a condition or illness may be outside the reach of the doctor or the medical practitioner may not be able to identify the issue. Negligence or error might be conducted by him and he may be sued for damages or punishment. So, cases of litigations and allegations against doctors are increasing day by day, and a medical man has become increasingly vulnerable to being sued by a lawsuit suit of any sort, civil or criminal, and the increased awareness of a patient's right in today's society is one of the causes. The purpose of this article is to explore many aspects of negligence, such as the definition and types of negligence, as well as the concepts of duty of care and the remedies available to the complainant.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4749 - 4755


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC 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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