Role of the Judiciary in Regulating Medical Professions in India
Lead author · Corresponding
Supratik Sanatani
Research Scholar at Department of Law, University of Calcutta, Kolkata, India
Abstract
Judicial roles in India in regulating medical professions include defining medical negligence based on the duty of care a doctor owes, extending consumer protection that allows legal action for negligence, interpreting constitutional rights to encompass the right to health and informed consent, awarding compensatory damages for breaches of duty, enforcing criminal liability for gross negligence, and providing legal backing to the Code of Medical Ethics issued by the Indian Medical Regulatory Authorities. The study critically evaluates the role of the Indian judiciary in regulating medical professions with a few suggestions.
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.