Open Access BASE2022

Critical analysis study on various Indian legislations for medical negligence

Abstract

One of the most pressing issues in India today is medical malpractice. As a result of our own experience, we believe that medicine is one of the most honourable professions. We expect doctors to treat their patients with care, since they are the ones who will ultimately cure and heal them of whatever ailment or health condition they may have, and patients often see them as gods. A medical malpractice case is one in which a doctor, dentist, nurse or other health care practitioner mistreats a patient in a manner that is incompetent, incompetent, or negligent. The Supreme Court of India's ruling in Indian Medical Association v. V.P. Shanta& Ors1 in 1995 expanded the definition of "service" under the 1986 Consumer Protection Act to include medical services. By enabling contractual patients to sue physicians in 'procedure-free' consumer protection courts for payment if they were harmed during treatment, this created a relationship between patients and medical providers. In India, the frequency of medical malpractice claims has increased while the quality of treatment has decreased. Examining individual instances of medical negligence may reveal the elements that lead to medical carelessness, as well as the role of the doctor-patient interaction.

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