Abstract:

This study scrutinizes the laws governing medical negligence in India, highlighting the deficiencies and proposing a forward trajectory. It begins with an extensive overview of medical negligence, outlining the relevant legislations that regulate the medical profession within the country. The research delves into the liability of medical professionals under various legal heads and compares the older Consumer Protection Act of 1986 with the revamped 2019 version. Additionally, the research contrasts the Indian legal landscape with those of the UK and the USA, providing a comprehensive comparative analysis of how medical negligence is addressed in these jurisdictions. The approach of Indian courts to medical negligence is critically analyzed, revealing both strengths and limitations in current legal practices. The study culminates with a series of recommendations aimed at refining the legal framework to better address and mitigate instances of medical negligence in India.

Keywords:

Medical Negligence, Legal Framework, India, Consumer Protection Acts, Comparative Law, UK, USA, Liability, Medical Professionals, Judicial Analysis.