HIPPOCRATIC OATH OR THE OATH OF A HIPPOCRATIC: AN IN-DEPTH ANALYSIS OF MEDICAL NEGLIGENCE IN INDIA

Abstract

Medical negligence is a critical issue at the intersection of healthcare and law, reflecting the delicate balance between medical autonomy and patients’ rights.  Various cases catch the attention of scholars and the masses calling for striking a balance between the rights of the two parties the patients and the doctors. The study in hand is an attempt to review various Bhartiya and foreign cases and case laws to explore the evolution of medical negligence and its current legal standing. The main objective behind the study of medical negligence is to find out the best way to offer protection to both parties.

Medical negligence deals with the consent of patients, it’s about due care and following standard processes by the doctors, and it’s about awareness among the masses. The doctors always take due care but there could be exceptional circumstances, but these exceptional circumstances may cost life to someone. Medical practitioners deal with human life, negligence could cost someone's life.

The paper at the end suggests measures to mitigate the instances of medical negligence in the country.