Liability in Medical Negligence Cases: A Comparative Study of Indian and American Laws & Policies
Liability in Medical Negligence Cases: A Comparative Study of Indian and American Laws & Policies

Author(s): Anupama Goel
Subject(s): Constitutional Law, Economic policy
Published by: Scientia Moralitas Research Institute
Keywords: Medical Negligence; Doctors; Damage;
Summary/Abstract: America and India share a lot in common. Both countries have rich and diverse democracies with a liberal constitutional framework. Any service-oriented profession inherently poses a risk of some kind to its consumer. But it is the medical profession alone which potentially risks the body and life of its consumer (patient). At the same time, the service provider, i.e. the doctor, or the paramedic, is but a human being, who if severely pressured to dire consequences in case of an error, may not be able to deliver. The American and Indian jurisdictions have different sets of laws to regulate medical negligence. While American laws aim at a quick and effective reparation of injury suffered by patient and his family, the Indian laws are more amorphous in character and can potentially result in a multi-faceted attack on the erring doctor. Courts, particularly the Indian Supreme Court, have often tilted the balance in favour of the patient and his family. This may have serious consequences on the morale of the medical profession, as well as the quality of healthcare, which is ultimately provided to the citizen. The paper seeks to survey the entire law, policy and practice on medical negligence in America and India, by studying the judicial pronouncements by the courts of record in both the jurisdictions. The objective is to propose a viable alternative for balancing the rights and interests of both the patient and doctor, which is not only justice-oriented, but also meets the social requirements.

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