Critical analysis of various Indian legislations for medical negligence

Abstract

newline Medical negligence is a complicated subject, since medical treatments are inherently risky. A medical treatment always involves a basic risk that something might go wrong. In addition, human body of patients can react differently to the same treatment. There are occasions when patients are harmed as a consequence of their treatment or absence or even delay of it. The relationship between a doctor and his patients considered sacred in India. A doctor is in comparison to quotGodquot. In the last days, cases of malpractice and negligence in the medical field have more than quadrupled. The problem arises in determining the liability, whether or not the doctor was negligent or not, is a very technical and subjective question, the difficult to decide. The abstract on topic A Critical Analysis of various Indian Legislations for Medical Legislations pays attention towards the failure of existing legal framework in medical negligence cases for both the doctors and patients as they are not able to solve their disputes without compromise. newlineThis research work is divided into seven chapters which are further divided into various topics including sub topics as well. The first chapter of this research work is named as introduction which deals with the meaning of negligence with special reference to the term Medical Negligence. It also gives light to the laws related to the negligence and indicators of the negligence. Further it focuses on the statement of problem for research work. The second chapter of this research work attempts towards the historical evolution of medical laws in India and to evaluate the contribution of various committees in the development of various medical laws. The third chapter deals with the code of ethics prepared for medical professionals as medical profession needs strict disciplinary action. The fourth chapter of this research work is an overview of various laws related to the medical negligence in India. xxxiv In the fifth chapter of this research work medical negligence laws of India has been compared with the laws of other countries. The sixth chapter is the soul of this research work which deals with the judicial pronouncements on medical malpractice and negligence in India. This chapter essentially deals with the justification and the grounds that formulate the rules regarding remedies and punishment in the medical malpractice law, i.e whether a hospital or a doctor would be responsible as laid down by the apex court. The seventh chapter of this thesis gives conclusion of the research work and certain valuable suggestions. newline