A Review of Landmark Judgments on Medical Negligence

Abstract

Abstract In light of the survey by the Indian Medical Association showing prevalent fear among medical practitioners regarding legal repercussions, this article examines key judicial precedents that uphold the rights and responsibilities of doctors in cases of alleged medical negligence. Drawing from notable cases such as Martin F. D’ Souza versus Mohd. Ishfaq and Kusum Sharma and Ors versus Batra Hospital and Med. Research Center, the authors interpret crucial principles and emphasize the significance of adherence to standard practices. In addition, it throws light on recent legislative amendments, notably Section 106(1) of The Bharatiya Nyaya Sanhita, 2023, and proposed reforms to alleviate criminal prosecution for medical negligence cases. Overall, the analysis presented herein seeks to strengthen the confidence of medical practitioners, reduce their apprehensions regarding legal complications, and promote an encouraging environment for the practice of medicine.