Civil Liabilities for Medical Negligence in India
Understanding Civil Liabilities for Medical Negligence in India
by Vandana Saini*, Dr. Mukesh Kumar,
- Published in Journal of Advances and Scholarly Researches in Allied Education, E-ISSN: 2230-7540
Volume 18, Issue No. 7, Dec 2021, Pages 61 - 63 (3)
Published by: Ignited Minds Journals
ABSTRACT
Medical negligence in India is both a criminal offence under IPC and CR.P.C as well as a civil liability under the law of tort. If there is a violation of duty of care, civil responsibility normally involves a claim for damages in the form of compensation. It refers to a lack of caution in a situation when caution is required by law. When this responsibility is breached, a patient has the right to sue for negligence. Under the general law, civil culpability, i.e. monetary compensation, can be sought by pursuing a remedy before an appropriate Civil Court or consumer forum. Dependents of the deceased patient or the patient himself (if alive) file a lawsuit claiming civil culpability for the erring medical practitioner in order to obtain compensation.
KEYWORD
medical negligence, India, criminal offence, civil liability, law of tort, violation of duty of care, claim for damages, lack of caution, patient, lawsuit