2025, Vol. 5, Issue 1, Part A
Medical negligence in India: An analysis of its persistence and potential solutions
Author(s): Abhinav Vitthalrao Pathare
Abstract: In India, medical negligence has become a critical public health issue. However, medical doctors tend to deny or conceal this reality. Medical negligence can result in severe harm to patients, which, in some cases, may even result in the patient's death. Medical negligence encompasses wrongful actions (taking wrong measures) and omissions (Not taking necessary measures) performed by a healthcare provider. Medical negligence may result in breaching patients' fundamental rights, potentially violating the Constitution of India's Article 21, i.e., protection of life and personal liberty.The existing process of handling medical negligence complaints consists of several gaps and limitations, making it incredibly difficult for Indian patients (Or their families) to seek justice. Although regulatory bodies-State Medical Councils and National Medical Commission (NMC)-exist, their procedures have multiple challenges, such as self-regulatory mechanisms and prolonged delays in the hearing processes. Due to the self-regulatory mechanism (Meaning only a doctor will investigate a doctor), potential biases may usually occur, as a doctor would barely testify against another doctor.To mitigate the biases in handling medical negligence complaints, the inclusion of diverse stakeholders in the inquiry panel would be helpful. Inquiry panels should include not only doctors but also patient advocates/representatives, public health experts, civil society groups, independent investigators, social activists, and human rights advocates, making the investigation more balanced and comprehensive. Developing such multistakeholder inquiry panels to handle medical negligence cases can help alter the self-regulatory nature of the medical field, creating a better patient safety and healthcare system for the present and future generations in India.
DOI: 10.22271/2790-0673.2025.v5.i1a.157Pages: 25-28 | Views: 323 | Downloads: 277Download Full Article: Click Here
How to cite this article:
Abhinav Vitthalrao Pathare.
Medical negligence in India: An analysis of its persistence and potential solutions. Int J Law Justice Jurisprudence 2025;5(1):25-28. DOI:
10.22271/2790-0673.2025.v5.i1a.157