Medical Negligence: A Conceptual Analysis

Abstract

The concept of medical negligence refers to the malpractice of a medical professional who fails to meet the standards of his/her profession, which results in the death of a patient who was expecting the medical professional to save her/her life. Medical negligence is the most shameful act a medical professional can conduct because this negligence most of the time results in the death of the patient. The concept of medical negligence is well established in India however the Indian judiciary still follows Bolam‟s test which is outdated and vague and therefore new methods to determine medical negligence must be adopted by the Indian judiciary. To deliver justice in cases of medical negligence, the Indian judiciary must adopt new approaches so that at least the sufferings of a person in courts can be prevented. The court must award heavy punishments for those found guilty of medical negligence and impose heavy fines on hospitals that have employed such negligent professionals.