What are the legal consequences of medical negligence in India?

Answer By law4u team

Medical negligence, which refers to a breach of duty of care by a medical professional resulting in harm or injury to a patient, can have serious legal consequences in India. Here are some of the legal consequences of medical negligence in India: Civil Liability: A patient who has suffered harm or injury due to medical negligence can file a civil lawsuit seeking compensation for damages such as medical expenses, loss of income, and pain and suffering. Criminal Liability: In cases of gross medical negligence or where the negligence results in the death of a patient, a criminal case can be filed against the medical professional under Section 304A of the Indian Penal Code, which deals with causing death by negligence. Professional Disciplinary Action: Medical professionals found guilty of medical negligence may face disciplinary action from their professional regulatory body such as suspension or revocation of their license to practice medicine. Consumer Complaints: Patients or their family members can also file complaints with consumer forums or commissions seeking compensation for medical negligence under the Consumer Protection Act, 2019. In summary, medical negligence can have serious legal consequences in India and medical professionals must take appropriate measures to prevent it, including providing proper medical care, obtaining informed consent, and following medical protocols and guidelines.

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