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@article{173785,
        author = {Tanishka Bhatt},
        title = {Medical Negligence in India},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {11},
        number = {10},
        pages = {1965-1971},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=173785},
        abstract = {Medical Negligence happens by the medical practitioner when he does an act which is not expected by a trained medical professional who are bound to fulfill certain obligations towards sufferer’s as it is the right of the sufferer’s to know the pros and cons of the treatment being given by the medical practitioner but fails to do so, before or after a sufferer’s treatment and do a mistake of which the sufferer has to pay a heavy price either in the form of bodily/ psychological damage or death of the sufferer, which makes the medical practitioner liable and are punished with imprisonment or fine or both. When a medical professional does a professional misconduct, then the Indian Medical Council and State Medical Councils take disciplinary actions against them, after which they are banned from pursuing medicine in the country. There have been instances in our country when the medical practitioner was not held liable such as when they acquire a forte of medication which does not give an expected outcome, when they acquire a substitute medication during treatment of the sufferer as per their knowledge and experience which causes harm to the sufferer and when the sufferer fails to prove the medication to be miserable for treatment, non infringement of obligation of protection by the medical practitioner for which the Article mentions various Acts such as Drugs and Cosmetics Act, 1940, Medical Termination of Pregnancy Act, 1971, Clinical Establishments (Registration and Regulation) Act, 2010, Consumer Protection Act, 2019, Bharatiya Nyay Sanhita 2023. Similarly, there are various Articles under Indian Constitution that aids the sufferers to litigate when their rights are violated due to medical negligence such as Article 21, 32, and 226. Few renowned cases on medical negligence in India, various lawful structures that acknowledge medical negligence in the country are also mentioned in the article such as Indian Penal Code, Consumer Protection Act, Tort Law, Medical Council of India and State Medical Councils.},
        keywords = {Medical Practitioner, Sufferer, Negligence, Treatment, Remedies, Liability},
        month = {March},
        }