Legal Regimes for Medical Negligence in India: A Critical Analysis on the Necessity of a Comprehensive Legal Framework

Abstract

Medical negligence (MN) remains a significant issue within the healthcare (HC) system in India, where the medical profession is held in high esteem but is not immune to human error. This study examines the various legal frameworks—civil, criminal, and consumer law—that address MN, outlining the challenges of holding HC providers accountable due to the complex nature of medical practice. Legal provisions under the Indian Penal Code (IPC), Tort Law, and the Consumer Protection Act (CPA) provide avenues for patients to seek redressal, though each system operates under distinct legal principles. The study also offers recommendations to address the MN crisis, including the creation of a national database, uniform compensation measures, and an analysis of judicial decisions to enhance healthcare system transparency. Ultimately, the study advocates for stronger legal protections, comprehensive reforms, and a balanced approach to uphold both patient rights and medical professionalism in India.