Medical Malpractice in India: A Critical Analysis of Liability and Defense Framework

Abstract

Expectation of a reasonable degree of care is the foundation for alleging a breach of duty. In the wake of recognition of ‘right to health’ as a fundamental right declared universally. Moreover, the era of consumerism has dug deep into the medical profession making consumers aware of their lawful demands and rights making it a weapon in their hands for civil proceeding for tortuous or criminal prosecution for disregard and for lack in service in the consumer courts. The doctor-patient relationship stands on trust and faith. With the life expectancy being increased for technological and advancement in the medical science, no disease seems to be untreatable and challenged. However, concerns are their professional competence, compliance to therapeutic and laboratory standards of MCI on equipments and facilities, Wrong prescriptions, overdoses and non expertise, improperly equipped hospitals and on specific still continue raise agitations amongst the patients and relatives. Given all the justified reasons, often it becomes very difficult to sustain a claim for all the economic and non economic damages.