STUDY OF MEDICAL NEGLIGENCE: SPECIAL REFERRENCE ON CRIMINAL LIABILITY

AUTHOR – JYOTIKA BORUAH, STUDENT AT AMITY UNIVERSITY UTTAR PRADESH NOIDA

BEST CITATION – JYOTIKA BORUAH, STUDY OF MEDICAL NEGLIGENCE: SPECIAL REFERRENCE ON CRIMINAL LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 962-967, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, medical negligence is a major threat to the protection of patient rights, especially for those from lower socioeconomic groups who rely heavily on public healthcare facilities. Government hospitals frequently deal with fundamental issues such poor infrastructure, a lack of trained medical personnel, and a high patient volume. These circumstances may make medical mistakes and careless treatment more likely, putting vulnerable patients at higher risk. The current legal structure in India that addresses criminal culpability for medical negligence is still disjoined and mostly relies on general criminal law provisions rather than a specific legislative process, notwithstanding the gravity of such instances. This article examines the issue of criminal liability for medical negligence from the perspective of patient rights, with a focus on the difficulties that economically disadvantaged groups that depend on public healthcare services confront. The paper makes the case for the creation of a unique legislative framework that guarantees accountability in medical practice while enhancing vulnerable patients access to justice by highlighting the structural and legal flaws in the current system and promoting egalitarian treatment, preserving patient dignity and reinforcing public trust in the healthcare system.

Keywords: Medical negligence, Criminal liability, Patient rights, Public healthcare, Economically weaker sections, Healthcare accountability