Doctors are among the noblest professions. To carry out this profession with all the care and responsibility, doctors are bound by the Hippocratic Oath. When a health service provider violates the established standards of practices and acts negligently s/he becomes a tortfeasor, in a civil suit, and a criminal in criminal cases. The relationship between a doctor and a patient is based on mutual trust.

But what happens when this trust is broken? Where should the line be drawn between genuine mistakes and negligence? How can we ensure justice without compromising the integrity of medical practitioners? The present paper attempts to answer these questions.
The present paper looks into how medical responsibility is a critical point of contention in the healthcare system, which seeks to strike a balance between accountability for medical practitioners and the inevitable human errors or genuine mistakes.

This paper attempts to critically analyse the multifaceted legal landscape surrounding medical negligence, particularly in India. It examines the subtle line between gross negligence and minor errors, along with ethical dilemmas faced by medical professionals.

The authors employ a critical analysis approach, reviewing existing laws, regulations, and ethical standards governing medical practice in India—additionally, utilization of case laws and legal principles, such as Bolam and Bolitho tests.

The findings indicate that medical negligence is often misunderstood, with many cases arising from genuine mistakes rather than intentional ones. Although patients have a right to compensation the rising cases of false claims are a point of contention.

The paper concludes that legal reforms are necessary to enhance patient rights while protecting medical professionals from undue litigation. Suggested reforms include improving informed consent processes, establishing peer-review systems for evaluating malpractice claims, etc. The authors emphasize that ethical considerations must guide decision-making in healthcare to maintain trust and compassion.

Introduction:
"A doctor's mistake is buried, but a lawyer's mistake is imprisoned."
The given quote highlights the consequences of the errors committed by the professionals in the fields of medicine as well as law. In the field of law, an error may lead to imprisonment but on the other hand in the field of medicine, an error may lead one to be buried.

Medical negligence remains a pressing issue lying at the heart of healthcare and law. It requires a nuanced understanding of professional responsibility, patient rights, and legal framework. It is beyond doubt that medical practitioners hold a crucial position in society endowed with the task of preserving the life and health. However, allegations of medical negligence arise from the deviations in the standard care of practice by the medical professionals. Understanding it's the legal implications requires analysing the existing regulations and accountability structures.

• Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002[1].
• Indian Medical Council Act, 1956[2] empowers Medical Council of India (MCI) to make regulations for the professional conduct of the doctors.
• Drugs and Cosmetics Act, 1940.[3]
• Medical negligence is a subset of professional misconduct. [4]
• As stated by Mahatma Gandhi, "Negligence is the rust of the soul that corrodes the very fabric of human compassion." It highlights the Gandhian philosophy that illustrates how negligence, particularly in the medical field can undermine the fundamental duty of compassion the healthcare.
• "We must insist on due care for the patient at every point, but we must not condemn as negligence that which is only a misadventure."[5]
   
• Violation of the Established Standard of Practice:
• The fundamental principle of medical negligence lies in the breach of the established standards of care that guarantee patient safety and trust in the healthcare system.
• The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002 defines comprehensive duties for medical practitioners along with mandating the informed consent from patients, maintaining detailed medical records and abiding to the established professional ethics. Failing to abide by these obligations constitutes professional misconduct which is categorised as medical negligence.
• Courts assess whether a 'reasonable care' was exercised by the medical practitioner. It compares the defendant's actions to a similarly skilled and prudent professional's that he/she would undertake under similar circumstances. This principle encompasses the balancing act of reducing the risks while maintaining an environment of medical innovation and sound clinical judgement.
   
• Accountability for Medical Practitioners:
• Justice V.R. Krishna Iyer said, "The duty of care owed by a doctor is not just a legal obligation, but a sacred promise to preserve life and health." It highlights that the cases of medical negligence are more than mere legal disputes. Breach of established care is directly linked to the legal recourse needed for the medical negligence.
• When such a medical negligence arises, Indian legal system provides for varied channels for addressing the issue.
• Tort Law – The tort law, in the Indian context, provides for a legal remedy by enabling the patients harmed by medical negligence. Indian courts apply the principle of 'reasonable care' for the assessment of professional deviation from that expected of a prudent and skilled medical practitioner. It provides the victim with the compensation for the harm caused by the breach of duty by the medical practitioner.
• Consumer Protection Act, 2019 – It recognises healthcare services as a form of 'service' which enables the patients to file complaints against medical professionals in consumer forums for negligence on their behalf. It too simplifies the process and attempts to maintain a balance between the thin line of ensuring patient rights as well as preventing prolonged civil litigation.
• Bharatiya Nyaya Sanhita, 2023 – Section 302 of the Bharatiya Nyaya Sanhita, 2023 (erstwhile Section 304A of Indian Penal Code) address cases whether death is caused due to medical negligence/rash actions which includes medical negligence. It imposes criminal liability on practitioners when gross negligence leads to fatal consequences.
• National Medical commission – "It objectively assess medical institutions periodically in a transparent manner across the country, enforce high ethical standards in all aspects of medical services and ensures an effective grievance redressal mechanism". (https://www.nmc.org.in/about-nmc/)

The Thin Line
"Medical negligence is a subset of professional misconduct." The core issue in the field of medical lies in distinguishing between genuine mistake and actionable negligence. The Supreme Court in the landmark judgement of Jacob Mathew vs State Of Punjab & Anr stated that:
"To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent."[6]

It was also clarified by the hon'ble court that "There is a tendency to confuse the reasonable person with the error-free person. While nobody can avoid errors on the basis of simply choosing not to make them, people can choose not to commit violations."

With this, let us delve into the duties of physicians to their patients
"A physician is not bound to treat each and every person asking for his services, but he should always be ready to respond to the calls of injured and sick. He must show patience and delicacy towards his patients. Secrecy of medical dispositions of the patient must be maintained unless required to be revealed by law of the land. He should neither exaggerate nor minimize the gravity of patient's condition. He should not neglect a patient once admitted.

Duties of physicians in consultation:
In case of serious illness and in doubtful or difficult conditions, the physician should request a consultation. Such consultation should be in the interest of patient only and not for any other consideration. When a patient is referred to a specialist by the attending physician, a case summary of the patient should be given to the specialist. Consultation fees and other charges must be clearly displayed at the place of working."[7]
Legal Landscape Around Medical Negligence

1. Bolam Test: "The Bolam test is essentially a test that is judged by the medical professional's peers. They must be able to show that any medical professional who was in the same position as them would have done the same, giving the same outcome. In those circumstances, a case would fail." [8]
    
2. Bolitho Test: "The test states that a doctor is not negligent if it can be proven that they acted in accordance with a reasonable body of medical opinion, provided that the Court finds such an opinion to be logical. When applying the Bolitho test, the Court takes an enquiring approach to the medical evidence in each case."[9]
    
3. "Combined together, the Bolam Test and the Bolitho Test make up the twin pillars of all assessments of medical negligence. They state that a doctor is not negligent if he or she acts in accordance with a responsible body of medical opinion, provided that the Court finds such an opinion to be logical."[10]
    

Legal Reforms Addressing Medical Negligence

It is essential that we bring about solutions within the existing legal framework surrounding the medical negligence in India in order to enhance patient rights, ensure patient rights, and facilitate efficient dispute resolution mechanisms.

1. Enhancement in the procedure for the informed consent – It is essential that clear and comprehensive communication is undertaken about the medical procedures, risks, and alternatives. The solution lies in the detailed documentation of the patient's consent which will reduce ambiguity in malpractice. The approach must be changed to empowering the patients with knowledge to make them aware of their treatment and other medical procedure.
2. Revision of Consumer Protection Act, 2019 – The 2019 revision of the Consumer Protection Act expanded the scope of consumer forums for medical disputes by introducing e-filling of complaint, incorporating the mediation cells, and stronger punitive provisions. As an example, provisions for higher compensation caps are aimed at highlighting the severity of harm more equitably.
3. Peer-Review System – The approach of establishing specialised medical review boards reduces the dependence on general generalist judges for scientific evaluations and expedites case resolution.
4. Alternative Dispute Resolution – The amalgamation of mediation as well as arbitration mechanism helps in resolving the disputes amicably which in turn reduces the burden from the courts. It is imperative to ponder upon models similar to the Lok Adalat which can be tailored to resolve the disputes related to healthcare faster along with maintaining professional relationships.
5. Electronic Health Records – Adoption of Electronic Health Records (EHR) systems can effectively aid in the accessibility, documentation, and transparency within the healthcare system which thereby strengthens preventive safeguards against the allegations of negligence.

Ethical Dilemmas
Remember ethical is not the same as lawful. Something can be unethical but perfectly legal. For example, if the emergency room is constantly backlogged, hospital administrators are not legally required to speed up their work. However, it could be considered an ethical issue to raise the matter with the hospital's management team to find ways to speedily help more and more patients. Sometimes considering ethics in healthcare can be complex and sometimes even the right and lawful decision might not feel like the most ethical approach.

Ethical dilemmas can also be seen when the medical practitioner must prioritize the treatment of one patient over the other. Who needs immediate attention? Who should wait? In the case of organ donation, is it ethical to give a liver to an older patient who was an alcoholic whereas on the other hand, a younger patient who is below in the list of donations would also benefit from that liver?

Infectious disease outbreaks are often periods of great uncertainty, fear and mistrust, as in the case of the COVID-19 outbreak. The community is most affected by disease outbreaks and often has few medicines, health workers and vaccines which are stretched even further during the response. Decisions need to be made under pressure to help stop the spread of the disease. Many a times there is very little information available and health practitioners are faced with making difficult decisions.

"Ethics provides a moral compass to help guide decision-making for medical practitioners including public health officials and policy makers, funders and researchers. Taking ethics into consideration puts people at the heart of the problem. Ethics emphasizes the principles that can guide everyone involved by providing moral reasoning for making their best choices during a crisis."

The world around us is a smorgasbord of beliefs, claims, rules and norms about how we should live and behave. It consists of three different categories of demands on how we should act and react:

• Ethics,
• Morality, and
• Law

"Laws are formal rules that govern how we behave as members of a society and in the case of medical practitioners there are specific laws and regulations which guide them in making decisions towards their patients." They are upheld and applied by the state and the court system. And their role is to create a basic, enforceable standard of behaviour.

The law has a narrower focus than either morality or ethics. Law can be 'just' or 'unjust' and is subject to ethical assessment. Plus, there are some matters about which the law will be silent but where morality and ethics have a lot to say. For example, the law is not useful when a doctor has to decide whether is it ethical to force someone into treatment if they don't wish to undergo that treatment. How about when you consider healthcare costs, personal beliefs, religious beliefs, patient outcomes and long-term consequences?

"Morality refers to an informal framework of values, principles, beliefs, customs and ways of living. Morality isn't usually enforced by the State but there are often social pressures to conform to moral norms." Morality comprises of person's personal beliefs.

Ethics are to answer the basic question, 'What should I do?' in ethics, people make decisions by their values, principles and purpose. An ethical decision is one based on conscious reflection which affects our values, principles and purpose in pursuit of a proper.

It's important to tear apart these factors so we can put them in their proper place. Otherwise, it can be hard to know what to do especially when some of these requirements contradict others. Although these factors do not give answers as to how to handle a particular situation, they serve as a guide to doctors on what principles ought to apply to actual circumstances. The already laid principles sometimes lead to ethical dilemmas when applied to issues such as abortion, contraception, euthanasia, religion, etc.

Is it ethical for hospitals or some healthcare providers to charge so much for treatment? This is not only a moral issue in medicine but a discussion often taken up in politics regarding how society wants to operate its healthcare system.

Ethics are something whose education should start from the schooling level itself and must be continued in medical colleges and universities to ensure that our future doctors develop good ethical practices and acquire the ability to effectively handle ethical dilemmas. However, educating doctors won't work as patients' education also plays an important role in reducing ethical dilemmas.

It is important to note that ethics is not the same as law. Something can be unethical but perfectly legal. Let's take the case where the emergency room is constantly backlogged, it's not legally required for the hospitals to speed up their work. However, this case could be considered on an ethical basis to raise the matter with the hospital's management. Medical practitioners also face dilemmas for prioritization of treatment.

Who needs immediate attention? Who should wait on the waiting list? Is it necessary to go by the waiting list in the case of organ donation when the patient later in the list has less time to live? It is right to question whether it is ethical to give a matching liver to a patient who suffered from alcoholism and there is a high probability that would continue even after the transplantation, when a younger patient would also benefit from that liver.

Mutual Trust
Trust is an essential part of the physician-patient relationship. Trust is one of the central features of patient-physician relationships. The patients continue to trust their physicians to act in their best interests. But with the changing times, there are rapid and far-reaching changes in the healthcare system that have placed great pressure on that trust and may be undermining it. In this age of capitalism and privatisation, the health sector is also moving towards a system of privatisation and looking to make more and more profits. The prime objective of the medical profession is to render service to humanity; reward or financial gain should be a subordinate consideration.

The health care system is now somewhat similarly working as a business model. "Instead of health care being a system meant for serving the public good has now turned into a profit-making business model that lures patients, not to get them better but to make more profit out of one patient." It would be apt to state that "Accountability and transparency are the twin pillars that hold the medical practice." It conveys that the integrity of the medical practice depends on transparency in acknowledging errors and accountability for actions. It is thus, required to have robust mechanisms to prevent, detect and duly address the negligence in the field of medicine.

Healthcare expenses are growing at a rate higher than medical inflation. Today it has become nearly impossible for a common Indian man to pay for in-patient care and medical bills out of their pockets. "According to the Acko India Health Insurance Index 2024, the healthcare costs in India are increasing at an annual rate of 14%. The index also showed that 62% is paid out of pocket." This not only creates a situation where this adds to their financial strain on families but it also prevents them from getting quality medical care.

Healthcare is expensive in India due to various factors such as:
A shortage of healthcare professionals. "In India, although the ratio of doctor-to-population is 1:834, which is better than the World Health Organisation's (WHO) recommended ratio of 1:1000, this ratio is not sufficient for the huge population of India."

There is an increasing demand for healthcare professionals and services, as well as the cost of medical equipment. India has seen a steady increase in the cost of various healthcare services such as medicines, diagnostic tests, doctor's fees, health insurance premiums and hospitalisation charges.

The rising concerns about patient trust have triggered recognition of the need for a better understanding of the role of trust in the patient-physician relationship. Doctors' responsibility for patients' confidentiality, making the correct diagnosis, maintaining accurate medical records of their patients, educating their patients to make informed decisions about their health, etc, are some of the duties or responsibilities of medical practitioners towards their patients.

One of the cases where the medical practitioners face the most dilemmas is in obtaining the "consent". What is a valid consent? What comprises as a valid consent? This is often a question asked in cases of medical negligence. A patient believes that his/her consent and decisions will be respected by their doctors.

Repercussions & Suits On Medical Practitioners
When the mutual trust between a doctor and a physician is broken then there arises the situation of medical negligence which then leads to filing suits. In India, "upon suffering damage from medical negligence a patient can file suits for claiming damages for damage caused by medical practitioners in several courts, medical commissions, human rights commissions, and consumer forums."

"In 1995, the Supreme Court of India ruled in the case of Indian Medical Association v. VP Shantha[11] that healthcare services are covered under the 1986 Act." Before this, the definition of "services" under the 1986 Act did not consider healthcare to be a service.

"The Supreme Court said that Medical Services should now be treated as "services" within the ambit of Section 2(1) (o) of the Consumer Protection Act, 1986[12]." Patients seeking redressal about a medical wrong can file a complaint:

1. With the District Forum under the Consumer Protection Act if the value of services and compensation claimed is less than 20 lakh rupees.
2. Before the State Commission if the value of the goods or services and the compensation claimed does not exceed more than 1 crore rupees, or
3. At the National Commission if the value of the goods or services and the claimed compensation exceeds more than 1 crore rupees.

The aggrieved can also claim compensation under Section 30 of the National Medical Commission (NMC) Act 2019[13]." This section is controversial among medical professionals because now NMC can also award similar compensation similar to Consumer Courts. It was argued that State Medical Councils did not have the power to award monetary compensation to the aggrieved party. It is explicitly written in Section 30 of the National Medical Commission (NMC) Act 2019, "Every medical practitioner or health institution shall give to every patient or his legal representative complete details of the medical treatment undergone by the patient and provide a copy of medical records within 72 hours of the request.

Magnitude Of The Problem Of Medical Negligence In India
We can estimate that for every case decided by courts, 20 cases are pending and this number is constantly rising. "A report has been made available from the National Medical Commission website has enlisted the details of all the doctors who were found guilty of medical negligence or misconduct from January 2011 to January 2013. From the total of 75 cases, 13 cases received strong warnings to be more cautious, which was followed by suspension during the trial period and expungement of names from the medical register for various duration ranging from 15 days to 5 years." However, these data are only for 2 years which is far from a comprehensive list of all civil and criminal medical negligence cases against medical practitioners. [14]

Malpractice Litigation (Defamation)
Malpractice litigation often leads to a reverse suit upon the patient for defamation.

Malpractice in medical negligence litigations can have adverse outcomes which harm the reputation of the medical practitioner within their medical profession. Losing a professional reputation can be catastrophic for their social stature.

In one of the tragic incidents, a prominent gynaecologist in India, Dr Archana Sharma, took her life by hanging herself after filing a malpractice suit against her. She was falsely accused of the death of a young woman during a routine procedure.

"Doctors facing medical negligence suits must also deal with the growing concern of violence against them worldwide. According to the World Health Organization (WHO) data, between 8% and 38% of health workers suffer physical violence at some point in their careers. Publicly available data have shown 220 reported violence cases against HCPs since 2016. This number contributes to 3.4% of global cases, 5 times higher than the global average. Countries like Nepal, the United Kingdom, and China have 4, 57, and 850 times lesser incidents rates, respectively."[15]

"I have nothing wrong and not killed anyone…Perhaps my death might prove my innocence" – Dr Archana Sharma wrote in her suicide note, 2022. In her suicide note, she pleaded for innocent doctors to be protected from false and baseless accusations and harassment. The note showed her need to support and safeguard doctors.

This case emphasizes the rising cases of suicide among healthcare professionals due to the psychological burden and tremendous social pressure arising from litigations due to alleged medical negligence caused by malpractice litigations. Litigations cause significant emotional distress, leading to increased stress and anxiety among medical practitioners. Litigations are prolonged processes that contribute to the feelings of burnout, impacting working and well-being. They also suffer from financial losses because of legal expenses even if they were found to be not guilty.

Many doctors who have already suffered from litigation end up practising defensive medicine and start avoiding high-risk procedures. After being sued, they start avoiding high-risk procedures and treatment, which also compromises providing the best care to the patient. This is also a loss of human knowledge and resources for society's welfare.

A doctor's emotional response to litigation also leads to bargaining, which may involve trying to negotiate with the patient or their family to resolve the suit or find a way to make amends. However, bargaining is not always an appropriate response to negligence suits because it may seem like an admission of fault, which leads to bad legal and professional consequences.

In India, there is no systematic data on this crucial issue of the mental health of medical practitioners. However, such incidents have become prevalent not only in India but also across the globe in recent times. The need of the hour is to avoid such unfortunate incidents and save our future doctors.

By following some practices and making amends in the existing system can change the scenario.

1. In the medical profession, it's important to be aware of the latest medical advances, procedures, and medical laws. It's important for a medical practitioner to stay up-to-date.
2. We expect a lot from medical professionals, and therefore, they have a lot of pressure at work. Healthcare providers should have a work-life balance. Burnout and stress can contribute to medical errors and negligence lawsuits. They should be managed by supporting positive mental health.
3. There should be clear communication between the patient and among hospital staff. Open communication builds confidence and reduces mistakes and mishaps, thereby reducing malpractice suits.
4. "Indemnity insurance is a type of medical insurance policy where the insurance company guarantees compensation for losses or damages sustained by a policyholder." It offers flexibility, allowing policyholders to choose their preferred doctors, specialists, and hospitals. It becomes important for a medical practitioner to have indemnity insurance. "As it offers financial protection to healthcare providers in cases of medical litigations and claims of compensation for the same. The insurance covers the financial loss resulting from unintentional errors and omissions made by the insured doctor." Therefore, doctors must ensure that they have appropriate and adequate insurance to cover all aspects of their medical practices.
5. Upon being falsely sued by a patient, the doctor should actively seek help from a legal expert to address the issue at hand and should wait for that issue to escalate later on.

Increasing Awareness
"Awareness is the greatest agent for change." The quote by Eckhart Tolle signifies the need to prevent harm, improve patient outcomes, informed consent and dispense justice with accountability.

In India, people treat doctors as incarnations of gods. But in recent times things have changed, as patients are now actively suing doctors for alleged medical negligence and challenging the expertise and skills of the doctors. Cases of medical negligence have doubled since 2014. Some patients are suing their doctors just so that their medical fees to be waved off as they want compensation. This proves to be a dangerous trend for the overall development of the healthcare industry and appropriate measures need to be taken to contain and address this. [16]

This points out the fact that now the patients are more informed than before and are litigating more. The patients are challenging the medical aspects of the doctors. Medical negligence has slowly become a contagious issue in India. Medical practitioners have now become apprehensive about the legal issues raised regarding their medical practices. This could also imply that the cost of health care will increase in the coming days and years. One reason for that would certainly be increasing medico-legal problems. The second reason could be that the doctors do not have enough time to give to the patients. With the commercialization of medicines, the focus of the doctor or hospital has shifted to money making. This profession which was meant for public welfare and social welfare has lost the human touch.

Medical practitioners are opting for defensive medicines, giving medicines to patients not because they need to cure the illness but simply to avoid taking high risks and going the easier way which deprives the patient of good healthcare. Doctors are doing this just to protect themselves from a legal problem tomorrow. In a country where people have faith in their doctor's that they will cure their illnesses do not get satisfaction with the treatment which takes away their chance of living a healthy and dignified life.

There is a need to spread awareness amongst the patients. Patients should know that simply because they have paid money to the doctors or hospitals for the treatment does not guarantee your cure from illness and answers to all your problems. Despite doctors knowing medical sciences, even the best doctors may make wrong decisions and make a mistake regarding their judgment. Even the best doctors cannot have answers and explanations at all times to their questions.

Taking the case of India, "the doctors are very much unaware of the legal provisions and laws existing in the country." There is no provision by which medical practitioners can become aware of the legal structures. Therefore, the Medical Council of India and the Government of India need to come into play and bring new regulations as far as medical practice is concerned.

Conclusion
The research paper provides a comprehensive examination of medical negligence within the Indian healthcare system, emphasizing the critical balance between accountability for medical practitioners and the acknowledgement of human error. It concludes that while medical practitioners are bound by ethical standards, the legal framework must evolve to better differentiate between genuine mistakes and actionable negligence. The study highlights te increasing claims, often resulting in undue reputational harm to healthcare providers.

The paper advocates for significant reforms, including enhanced informed consent processes, revisions to the Consumer Protection Act, and the establishment of peer-review systems. These reforms aim to protect medical practitioners from excessive legal burdens while ensuring that patients' rights are upheld. Ultimately, the paper underscores the neccessity of fostering trust in doctor-patient relationships through ethical practices and legal clarity, thereby promoting a more compassionate and accountable healthcare environment.

References:

1. Code of Medical Ethics Regulations (West Bengal Consumer Affairs Department, PDF) https://wbconsumers.gov.in/writereaddata/ACT & RULES/Relevant Act & Rules/Code of Medical Ethics Regulations.pdf accessed 4 January 2025.
2. Code of Medical Ethics Regulations (West Bengal Consumer Affairs Department, PDF) https://wbconsumers.gov.in/writereaddata/ACT & RULES/Relevant Act & Rules/Code of Medical Ethics Regulations.pdf accessed 4 January 2025.
3. 'Important Quotes on Medical Negligence by Foreign Courts' (MLCD, 2025) https://www.mlcd.in/notes/important-quotes-on-medical-negligence-by-foreign-courts accessed 4 January 2025.
4. Indian Medical Association v VP Shantha (1995) 6 SCC 651.
5. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (SlideShare, 14 March 2023) https://www.slideshare.net/slideshow/indian-medical-council-professional-conduct-etiquette-and-ethics-regulations-2002/251179593 accessed 4 January 2025.
6. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002.
7. Indian Medical Council Act 1956.
8. Jacob Mathew v State of Punjab (2005) 6 SCC 1 (SC).
9. Mahendrakumar Bajpai, 'Patients are Now Suing Doctors at an Alarming Rate' (Economic Times, 22 June 2017) https://health.economictimes.indiatimes.com/news/industry/patients-are-now-suing-doctors-at-an-alarming-rate-mahendrakumar-bajpai/51420266 accessed 6 January 2025.
10. National Medical Commission Act 2019, s 30.
11. Timms Solicitors, 'The Bolitho Test' (Timms, 2025) https://www.timms-law.com/personal-services/clinical-negligence/bolitho-test/ accessed 5 January 2025.
12. Tony Elliott, 'How the Bolitho Test Changed the Understanding of Medical Negligence' (UKCMLS, 2025) https://www.ukcmls.co.uk/articles/tony-elliott/how-the-bolitho-test-changed-the-understanding-of-medical-negligence accessed 5 January 2025.
13. Waldrons Solicitors, 'What Is the Bolam Test?' (Waldrons, 2025) https://www.waldrons.co.uk/insights/what-is-the-bolam-test/ accessed 5 January 2025.
14. Consumer Protection Act 1986.
15. Madan, R; Das, Nileswar1; Patley, Rahul1; Nagpal, Neeraj2,3; Malik, Yogender Math, Suresh B., 'Consequences of Medical Negligence and Litigations' (2024) 66(4) Indian Journal of Psychiatry https://journals.lww.com/indianjpsychiatry/fulltext/2024/66040/consequences_of_medical_negligence_and_litigations.1.aspx.

End-Notes:

1. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002.
2. Indian Medical Council Act 1956.
3. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (SlideShare, 14 March 2023) https://www.slideshare.net/slideshow/indian-medical-council-professional-conduct-etiquette-and-ethics-regulations-2002/251179593 accessed 4 January 2025.
4. Code of Medical Ethics Regulations (West Bengal Consumer Affairs Department, PDF) https://wbconsumers.gov.in/writereaddata/ACT & RULES/Relevant Act & Rules/Code of Medical Ethics Regulations.pdf accessed 4 January 2025.
5. 'Important Quotes on Medical Negligence by Foreign Courts' (MLCD, 2025) https://www.mlcd.in/notes/important-quotes-on-medical-negligence-by-foreign-courts accessed 4 January 2025.
6. Jacob Mathew v State of Punjab (2005) 6 SCC 1 (SC).
7. Code of Medical Ethics Regulations (West Bengal Consumer Affairs Department, PDF) https://wbconsumers.gov.in/writereaddata/ACT & RULES/Relevant Act & Rules/Code of Medical Ethics Regulations.pdf accessed 4 January 2025.
8. Waldrons Solicitors, 'What Is the Bolam Test?' (Waldrons, 2025) https://www.waldrons.co.uk/insights/what-is-the-bolam-test/ accessed 5 January 2025.
9. Timms Solicitors, 'The Bolitho Test' (Timms, 2025) https://www.timms-law.com/personal-services/clinical-negligence/bolitho-test/ accessed 5 January 2025.
10. Tony Elliott, 'How the Bolitho Test Changed the Understanding of Medical Negligence' (UKCMLS, 2025) https://www.ukcmls.co.uk/articles/tony-elliott/how-the-bolitho-test-changed-the-understanding-of-medical-negligence accessed 5 January 2025.
11. Indian Medical Association v VP Shantha (1995) 6 SCC 651.
12. Consumer Protection Act 1986.
13. National Medical Commission Act 2019, s 30.
14. Madan, R; Das, Nileswar1; Patley, Rahul1; Nagpal, Neeraj2,3; Malik, Yogender Math, Suresh B., 'Consequences of Medical Negligence and Litigations' (2024) 66(4) Indian Journal of Psychiatry https://journals.lww.com/indianjpsychiatry/fulltext/2024/66040/consequences_of_medical_negligence_and_litigations.1.aspx.
15. Madan, R; Das, Nileswar1; Patley, Rahul1; Nagpal, Neeraj2,3; Malik, Yogender Math, Suresh B., 'Consequences of Medical Negligence and Litigations' (2024) 66(4) Indian Journal of Psychiatry https://journals.lww.com/indianjpsychiatry/fulltext/2024/66040/consequences_of_medical_negligence_and_litigations.1.aspx.
16. Mahendrakumar Bajpai, 'Patients are Now Suing Doctors at an Alarming Rate' (Economic Times, 22 June 2017) https://health.economictimes.indiatimes.com/news/industry/patients-are-now-suing-doctors-at-an-alarming-rate-mahendrakumar-bajpai/51420266 accessed 6 January 2025.
     

Written By:

1. Ankita, student in first year, B.A. L.LB. (Hons.), Gujarat National Law University, Silvassa Campus.
2. Divyansh Joshi, student in first year, B.A. L.LB. (Hons.), Gujarat National Law University, Silvassa Campus.