Medical Negligence Compensation in India

Abstract

Healthcare forms the core issue in the welfare provisions of modern newlineConstitution. Article 42 of the Indian Constitution states that it is the stateand#8223;s duty to newlineundertake possible measures to improve the public health. Also an another article of newlineDirective Principles of State Policy, Article 47 of the Constitution of India also directs newlinethe stateand#8223;s undertake primary duties to uplift the nutrition level of its people, raising newlinestandard of living of its people and in the process improve public health scenario, and newlinein particular, the State shall also strives to bring about the ban of consuming newlineintoxicating drinks, and drugs except for in the case of medicinal purposes, which are newlineinjurious to health. Thus it is evident for that welfare provisions casts a responsibility newlineon the state to expand its help for improvement of the health of the citizens who newlinecannot afford high medical costs on treatment of their diseases. newlineRight to human dignity is the very basis of human rights. Our Apex Court has newlineobserved that this right to human dignity has many a elements. First and foremost newlinehuman dignity is the dignity of each human being as a human being. Human dignity is newlineinfringed if a personand#8223;s life, physical or mental welfare is anyway harmed. newlineIn Francis Corallie v. Administration of Union Territory of Delhi, newline1 newlineJustice newlineBhagwati observed that the important question which arises is whether the right to life newlineis limited only to protection of limb or faculty or does it go further and embrace newlinesomething more. It came to the conclusion that the right to life also included right to newlineexistence with human dignity, viz., the minimum essentials of life, for example, newlinesatisfactory nourishment, apparel, cover over the head and offices for legitimate newlineperusing, composing and conveying everything that needs to be conveyed in different newlinestructures, unreservedly moving about and blending and coexisting with individual newlinepeople in a manner obliges it. Obviously, the greatness and substance of the parts of newlinethis privilege would rely on the degree of the financial improvement of the nation, yet newlineit must, in any perspective on the issue, incorporate the privilege to the fundamental newlinenecessities of life and furthermore the privilege to continue such capacities and newlineexercises as comprise the absolute minimum express of the human selfquot. newline