The Jurisprudence of Medical Negligence in India

Abstract

Over the course of the last few years, various advances in medical research have led to an increase in life expectancy as well as an improvement in quality of life concurrently. The significance of the medical profession as well as the respect that is shown to those who work in the medical field has dramatically expanded. However, a variety of external reasons have led to an increase in the number of schools that provide medical education but have an insufficient infrastructure. As a direct consequence of this proliferation, the quality of medical education has suffered to some degree as a result. In addition, because of an increase in commercialization, there has been a decline in ethical standards in contemporary society, with “getting money” being the primary driving force. This mentality has infiltrated the vast majority of occupations. Even if they are shielded from these shifts to a significant degree, the honourable profession of medicine is nonetheless being impacted by them. Therefore, gone are the days when the doctor-patient connection was guided by mutual trust. Instead, in today’s world, the defenceless patient is very frequently considered a commodity that needs to be handled in a corporate setting. (Gardiner, 2003) There has been a greater awareness across all classes of people of their legal rights, and this can be attributed to both the simplification of laws and the active efforts of the government to teach its citizens about the legal rights they possess. Citizens have gained the confidence to approach court fora in the hope of having their complaints heard and resolved as a result of increased understanding of their rights, as well as favourable