Medical malpractice law is emerging as a very important area of the law. Doctors being sued for negligence was said to be a common occurrence in the Western countries. With the era of globalisation and increased awareness of the people, it is now becoming common in India also. In this context, it is necessary to know the existing law with respect to medical malpractice.
There are various ways of approaching a problem of medical negligence. The approach of the complainant will be one and the approach of the Medical Practitioner to the complaint will accordingly have to be decided. There are various laws under which the complainant can approach the court. There is the Consumer Protection Act, the one that is most commonly used. Then there are remedies under the law of torts, a remedy under the Civil Law, for which knowledge of the Civil Procedure Code is essential; if the party happens to be the government, there is the option of suing it for violation of the Fundamental Right to life,
There are various ways of approaching a problem of medical negligence. The approach of the complainant will be one and the approach of the Medical Practitioner to the complaint will accordingly have to be decided. There are various laws under which the complainant can approach the court. There is the Consumer Protection Act, the one that is most commonly used. Then there are remedies under the law of torts, a remedy under the Civil Law, for which knowledge of the Civil Procedure Code is essential; if the party happens to be the government, there is the option of suing it for violation of the Fundamental Right to life,
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