According to a study conducted by Mahendra Kumar Bajpai advocate of Supreme Court, who specialises in Medical Law in 2016 has stated that there is 110% rise in the number of medical negligence cases in India every year and the study also revealed that 90% cases of medical negligence in hospitals . Whenever the medical practitioner’s act falls below the standards of a reasonably competent practitioner in his field or without reasonable care, skill and knowledge or willfully acting negligently in treating the patients, there arises the Medical Negligent. In this article, an attempt is made to point out the medical negligence vis-à-vis its consequences on the public and the failure of the public and the private hospital in fulfilling its object in providing better medical services to the patients while pointing out the concept of the right to health. So also, an enduring is put to trace out the practical predicament the people face amid his pathetic conditions in medical facilities in government hospitals. The higher compensation and effective implementation of the Charter of Patients’ Rights may help in curbing medical negligence.
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