Medical Negligence in India: Liability of A M...

Medical Negligence in India: Liability of A Medical Practitioner

Author Name : Vikas Dahiya

INTRODUCTION  Doctors are indispensible for the growth of any economy and must adhere to a standard of conduct that is befitting to their status and responsibilities. But with the advancement of technology, medical science in India has grown from strength to strength and it has become nearly impossible for us to keep checks and balances on the medical services provided by both government and private sectors. In this article, the author will try to explain the concept of medical negligence in India and the liability of a medical practitioner under various laws. India records approximately 5.2 million cases a year, ranging from incorrect prescription, wrong dosage, and wrong patient or wrong surgery1. However, law doesn‟t punish all acts of negligence resulting in injury to a patient. The burden of proof in these cases generally lies on the patient and a prima facie evidence must be produced before a court of law establishing that the injury was a direct result of the negligent act of the doctor.