MEDICAL CONTRACTS IN INDIA: AN ANALYSIS UNDER THE INDIAN CONTRACT ACT, 1872
AUTHOR – PRAJAKTA PRADEEP GAJARMAL, LLM STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE
BEST CITATION – PRAJAKTA PRADEEP GAJARMAL, MEDICAL CONTRACTS IN INDIA: AN ANALYSIS UNDER THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 728-738, APIS – 3920 – 0001 & ISSN – 2583-2344.
INTRODUCTION
The legal rules that guide Medical Contract in India are an important part of healthcare law. They help regulate the doctor patient relationship and balance the rights, duties and responsibilities of both sides. A medical contract is basically an agreement between a doctor or hospitals and a patient, which sets out the terms of medical care like diagnosis, treatment, confidentiality, and ethical duties. With healthcare becoming more commercial, patients becoming more aware of their rights, and the rise in medico-legal disputes, having a clear legal framework is essential to maintain trust in the system. In India, Medical Contract are mainly governed by the Indian Contract Act, 1872 which provides the general rules of contracts like offer, acceptance, consideration, and lawful purpose. But unlike regular commercial contracts, Medical Contract also involve trust, ethics, and duties that come from medical laws and professional responsibilities.
Patient rights have become stronger under the Consumer Protection Act, 2019, which treats medical services as a consumer service. This means patients can file cases for medical negligence or breach of contract. Other laws, like the Clinical Establishments Act, the Drugs and Cosmetics Act, and the National Medical Commission Act, also play a role in regulating medical practice.[1] One of the most important aspects of Medical Contract is informed consent, which ensures that patients fully understand and agree to the treatment before it starts. Negligence and breach of duty are also key issues, especially when it comes to cases of medical malpractice. Indian courts have given many important judgments in this area, shaping how liability is decided.[2] This paper will look closely at the laws, court rulings, and ethical principles that define Medical Contract in India. It will study the nature of these contracts, the responsibilities of doctors, the rights of patients, the importance of consent, and the effect of new legal reforms. The aim is to give clear picture of the legal protections available to both doctors and patients. This research is especially relevant today, with growing focus on medical ethics, consumer protection, and digital healthcare, all of which are changing the future of Medical Contract in India.
[1] Consumer Protection Act, 2019, Act No. 35 of 2019
[2]What is Informed Consent and How Does it Affected Medical Procedures https://saspublishers.com/media/articles/SJAMS15455-463_ZPY7XBW.pdf Last seen on 18/01/2026