Soumya1 Dr. Mukta Verma2
1 Research Scholar, Faculty of Law, University of Allahabad
2 Assistant Professor, Faculty of Law, University of Allahabad
Abstract
India's healthcare system, while making strides in various areas, grapples with a persistent challenge: medical negligence. Despite the efforts of healthcare providers, instances of medical negligence continue to plague the system, causing immense suffering to patients and their families.
This research article examines the existing legal framework and challenges related to medical negligence in India and proposes certain reforms and recommendations to improve the current situation. It suggests that there should be a clear and uniform definition of medical negligence, a standard and objective criterion for determining negligence, a speedy and cost-effective litigation process, and proper enforcement and implementation of the laws and judgments. The article also advocates for alternative dispute resolution mechanisms and greater awareness and education among the patients and doctors. The article aims to promote a more balanced and effective approach to medical negligence in India, which would ensure the accountability and responsibility of the medical professionals, as well as the protection and satisfaction of the patients.
Keywords
Medical negligence, legal framework, challenges, reforms, India, civil and criminal liability
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