What question did this study set out to answer?

To critically examine the multi-forum medico-legal framework governing medical negligence in India across tort, criminal, consumer, and regulatory domains.

September 17, 2026Open Access

Between Duty and Liability: Re-Examining the Medico-Legal Framework for Medical Negligence in India

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Authors

MAMAHIMA AGNIHOTRI

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Implication

Legal analysis demonstrates substantive incoherence across medical negligence doctrines in India, highlighting the need for targeted judicial and statutory reforms.

Key Points

To critically examine the multi-forum medico-legal framework governing medical negligence in India across tort, criminal, consumer, and regulatory domains.
Conducted a doctrinal analysis of Indian Supreme Court jurisprudence evolving from the common-law Bolam test to the Jacob Mathew decision and the doctrine of res ipsa loquitur.
Evaluated informed consent standards, consumer forum adjudications, and the statutory oversight structure established under the National Medical Commission Act, 2020.
Demonstrated that the Indian medical liability framework is predominantly shaped by fragmented judicial pronouncements rather than cohesive statutory design.
Identified significant doctrinal deficits regarding informed consent alongside critical regulatory gaps and multi-forum jurisdictional complexities for aggrieved patients.

Cite This Study

MAHIMA AGNIHOTRI (2026) studied this question.

synapsesocial.com/papers/6aabb8495f706d05830e7ed5 https://doi.org/10.5281/zenodo.22801615

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Implication

Legal analysis demonstrates substantive incoherence across medical negligence doctrines in India, highlighting the need for targeted judicial and statutory reforms.

Between Duty and Liability: Re-Examining the Medico-Legal Framework for Medical Negligence in India

Discussion

Member takes

Implication

Key Points

Cite This Study

Between Duty and Liability: Re-Examining the Medico-Legal Framework for Medical Negligence in India

Discussion

Member takes

Implication

Key Points

Cite This Study

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