ISSN : 2663-2187

LEGAL ACCOUNTABILITY OF HEALTHCARE PROFESSIONALS FOR MEDICAL NEGLIGENCE IN INDIA: A COMPREHENSIVE EXAMINATION OF ENFORCEMENT CHALLENGES AND REFORM PROPOSALS TO SAFEGUARD PATIENT RIGHTS

Main Article Content

Abstract

The evolving dynamics of the doctor-patient relationship, coupled with the commercialization of modern medical practice, have catalysed a paradigm shift in the landscape of healthcare. This transformation has ushered in a dual consequence: the potential for unfavourable treatment outcomes and a rising tide of medical litigation fuelled by patient dissatisfaction. In response to this trend, the Supreme Court has delineated guidelines for the criminal prosecution of doctors, mitigating undue harassment while also empowering patients with avenues for legal recourse under the Consumer Protection Act, 1986. Amidst this milieu, cultivating legal awareness among doctors assumes paramount importance, enabling them to meticulously document medical management details and fortify their defences against allegations of negligence. A nuanced understanding of how judicial forums navigate cases of medical negligence becomes indispensable for doctors, particularly amidst a cultural shift emphasizing the sanctity of human life and suffering. Judicial adjudication strives to strike a delicate equilibrium between a doctor's autonomy in clinical judgment and a patient's entitlement to fair treatment, acknowledging the inherent complexities of medical science and the potential for error. In essence, this abstract encapsulates the multifaceted landscape of medical negligence in India, emphasizing the need for legal literacy among healthcare professionals, the evolving role of judicial forums in adjudicating disputes, and the imperative for doctors to prioritize patient engagement and transparency in clinical practice

Article Details