Civil Law

Medical Negligence / Malpractices

Medical negligence laws in India is now mainly under the Consumer Protection Act, 1986 and a complaint under the said act is filed by the aggrieved person on which the consumer court issues notice to the other party to file his reply and subsequently based on the evidence of the parties or the opinion of the experts on the issue, the matter is decided by the consumer court finally and the order is passed on the complaint.

Indian Penal Code is the basic criminal law. It contemplates various provisions for punishments under various categories of offences committed in India. Some sections related to the medical negligence laws in India are Section 52, Section 80, Section 81, Section 83, Section 90, Section 91, Section 92, Section 304-A, Section 337, Section 338 of IPC.

Medical negligence laws!

Medical negligence laws in India under the Indian criminal laws is recognized as the classic case of gross medical negligence. It is due to the damage to the body of the patient.

The classic case which is held to be the landmark on the issue of medical negligence held “Gross lack of competency or gross inattention, or wanton indifference to the patient safety, which may arise from gross ignorance of the science of medicine and surgery or through gross negligence, either in the application and selection of remedies, lack of proper skill in the use of instruments and failure to give proper attention to the patient.”

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