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@article{183340,
        author = {Syed Yunis Bukhari and Eram Khan and Gurjeet Singh and Soni Singh and Jitendra Paswan},
        title = {Legal Accountability and Medical Negligence in India: Systemic Gaps and Policy Challenges},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {3},
        pages = {1096-1099},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=183340},
        abstract = {Medical negligence has become a major issue in both the Indian legal and healthcare systems. The current shortcomings have come to light as a result of a rise in litigation, increased public awareness, and media coverage [1]. Patients still have difficulty getting fair compensation, even after efforts to close gaps in the Indian Penal Code [8], applicable tort liability principles, and the Consumer Protection Act [9] were made.
As more and more people focus on medical negligence, it is important to look at how well the Indian legal system handles the issue [2]. This paper uses case law analysis and procedural analysis to look at the problem by focusing on important court decisions and flaws in the system. Using a doctrinal approach and content analysis of landmark cases, the study points out a number of ongoing issues, such as the uneven and slow pace of court activity [3], the lack of enforcement of the law [7], and the inconsistent use of the Bolam test [4].
In India, medical negligence has emerged as a complex problem intertwined with the country's health and legal frameworks [6]. This imbalance is due to a surge in litigations, increasing public concern, and media attention in the area. Even though there are some avenues for medicolegal justice through the Consumer Protection Act [9], tort liability, and some IPC provisions [8], access to justice is not a reality for most patients.
This paper answers the question whether India’s legal system is capable of providing the justice in the case of medical negligence by looking into some of the important judicial pronouncement [12][13] and case management failures. This study is empirical in nature and complemented with systematic literature review of key judicial pronouncement [1][2][4]. It was noted in this analysis the failure to consistently apply the Bolam standard of care [4], insufficient enforcement action [7], and protracted delay in case disposition by the courts [3].
The proposed reforms include the establishment of specialized medical tribunals [7], greater jurisdiction of the National Medical Commission [6], and elevating the legal awareness of the citizenry [6]. Addressing the breach of the medical-legal interface will be crucial in developing an equitable, reliable, and open healthcare system.},
        keywords = {Medical negligence, legal accountability, Bolam test, Bolitho principle, Indian healthcare system, Consumer Protection Act, Indian Penal Code (IPC), National Medical Commission (NMC), regulatory oversight, medical tribunals, judicial delays, patient rights, defensive medicine, tort law, medico-legal framework, rural health access, legal reforms, case law analysis, public health law, alternative dispute resolution.},
        month = {August},
        }