Introduction
Medical negligence has emerged as a significant area of litigation in India with the rapid expansion of private healthcare, increased patient awareness, and rising expectations from medical professionals. While the medical profession is considered a noble calling, doctors and hospitals are legally accountable when a patient suffers harm due to lack of reasonable care, skill, or diligence. The law governing medical negligence in India aims to strike a balance between protecting patients’ rights and safeguarding medical professionals from frivolous and vexatious litigation.
Meaning of Medical Negligence
Medical negligence refers to a breach of duty by a medical practitioner or healthcare institution, resulting in injury or harm to a patient. Negligence occurs when a doctor fails to exercise the standard of care that a reasonably competent medical professional would have exercised under similar circumstances.
To establish medical negligence, the following essential elements must be proved:
- Duty of care owed by the doctor to the patient;
- Breach of that duty by act or omission;
- Causation, i.e., the breach directly caused harm; and
- Damage or injury suffered by the patient.
Sources of Law Governing Medical Negligence in India
Unlike some jurisdictions, India does not have a single consolidated statute exclusively dealing with medical negligence. Instead, liability arises under multiple legal frameworks, including civil law, criminal law, consumer protection law, and constitutional principles.
1. Civil Liability (Law of Torts)
Medical negligence is primarily treated as a civil wrong under the law of torts. A patient can file a civil suit seeking compensation for damages caused due to negligent treatment. The compensation may include medical expenses, loss of income, pain and suffering, and future care costs.
The standard applied by courts is whether the medical professional acted in a manner consistent with accepted medical practice. Mere error of judgment or unsuccessful treatment does not amount to negligence unless it is shown that the doctor acted without reasonable skill or care.
2. Criminal Liability under the Indian Penal Code
In cases involving gross or reckless negligence, criminal liability may arise under the Indian Penal Code, 1860. The most relevant provision is Section 304A IPC, which deals with causing death by negligence. Other sections such as Sections 337 and 338 IPC may apply where negligence causes hurt or grievous hurt.
However, criminal prosecution of doctors is not routine. Courts have consistently held that criminal liability can be imposed only when negligence is of such a high degree that it demonstrates a complete disregard for the life and safety of the patient.
3. Consumer Protection Act, 2019
One of the most significant developments in medical negligence law was the recognition of medical services as “services” under consumer law. In Indian Medical Association v. V.P. Shantha (1995), the Supreme Court held that services rendered by medical professionals for consideration fall within the ambit of consumer protection law.
Under the Consumer Protection Act, 2019, patients can approach District, State, or National Consumer Disputes Redressal Commissions for speedy and cost-effective redressal. The Act provides for compensation, refund of fees, and even punitive damages in appropriate cases.
4. Constitutional Remedies
In exceptional cases involving gross violation of the right to life under Article 21 of the Constitution of India, courts have awarded compensation through writ jurisdiction. Such remedies are generally invoked where negligence occurs in government hospitals or involves violation of fundamental rights.
Standard of Care: The Bolam Test
Indian courts largely rely on the Bolam Test, which originated in English law. According to this test, a medical professional is not negligent if their actions are supported by a practice accepted as proper by a responsible body of medical professionals skilled in that particular field.
The Supreme Court has clarified that courts should not substitute their own views for that of medical experts and must respect professional judgment unless it is palpably unreasonable.
Judicial Approach and Landmark Cases
Indian judiciary has played a pivotal role in shaping medical negligence jurisprudence. Courts have emphasized that while patients deserve justice and compensation for genuine negligence, doctors should not be harassed for every adverse outcome.
In Jacob Mathew v. State of Punjab (2005), the Supreme Court laid down guidelines to protect medical professionals from unwarranted criminal prosecution and held that a higher degree of negligence is required to attract criminal liability.
Similarly, courts have consistently ruled that medicine is an inexact science, and every unsuccessful treatment or medical complication does not automatically imply negligence.
Defences Available to Medical Professionals
Medical practitioners may raise several defences against allegations of negligence, including:
- Treatment given in accordance with accepted medical practice;
- Informed consent obtained from the patient;
- Emergency situations requiring immediate action;
- Contributory negligence on the part of the patient.
These defences heAlp ensure that doctors are judged fairly and within the realities of medical practice.
Conclusion
The law governing medical negligence in India reflects a careful balance between patient protection and professional autonomy. While patients are entitled to safe and competent medical care, doctors cannot be subjected to liability for every unfortunate outcome. Judicial precedents and statutory frameworks together ensure accountability without discouraging medical innovation or ethical practice. As healthcare continues to evolve, a nuanced and balanced application of medical negligence law remains essential for maintaining trust in the doctor-patient relationship.
Contributed By – Krishnkant Sharma ( BBA.LLB )