Legal Framework of Medical Negligence in perspective of Human Rights in India: A Critical Appraisal

Abstract

In today’s context, medical negligence has emerged as a significant concern in India, despite the esteemed status of the medical profession in the country. In India, medical negligence is regarded as both a criminal offense according to the Criminal Procedure Code and a civil liability under Tort Law. The right to health is acknowledged as a fundamental human right. Awareness among the public regarding medical negligence in India is increasing, leading to a better understanding of medical rights. Medical negligence typically results from actions or oversights by healthcare practitioners, often stemming from their limited knowledge or the inadequate availability of medical facilities in hospitals. Consequently, it is imperative for professionals to stay updated on the principles of medical negligence and consumer protection laws, including any relevant amendments, to ensure legal compliance. This paper seeks to explore the concept of medical negligence in depth.