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Research Paper | Law | Volume 15 Issue 6, June 2026 | Pages: 1502 - 1506 | India
Medical Negligence: Tortious and Constitutional Remedies and the Role of the Indian Judiciary
Abstract: Medical negligence has emerged as a critical legal and ethical issue in modern healthcare systems, particularly in a country like India where access to quality medical services remains uneven. The relationship between a doctor and a patient is founded on trust, professional competence, and a duty of care. When this duty is breached due to an act or omission on the part of a medical professional, resulting in injury or death to the patient, it gives rise to medical negligence. Traditionally, medical negligence has been addressed under tort law as a civil wrong, requiring proof of duty of care, breach, causation, and damage. Over time, with the expansion of consumer jurisprudence and increased judicial awareness, patients have been granted wider access to legal remedies against negligent medical practitioners and healthcare institutions. In India, the issue of medical negligence has assumed constitutional significance with the judicial interpretation of Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Supreme Court has consistently held that the right to life includes the right to health and timely medical care. Consequently, instances of gross medical negligence, particularly in public hospitals, have been viewed not merely as private wrongs but as violations of fundamental rights, warranting constitutional remedies. The Indian judiciary has thus played a pivotal role in shaping the law relating to medical negligence by harmonising tortious principles with constitutional mandates. This paper examines the evolving legal framework governing medical negligence in India with particular emphasis on the role played by the Indian judiciary.
Keywords: Medical Negligence, Right to Life, Tort Law, Constitutional Remedies
How to Cite?: Dr. Shital S. Barhate, "Medical Negligence: Tortious and Constitutional Remedies and the Role of the Indian Judiciary", Volume 15 Issue 6, June 2026, International Journal of Science and Research (IJSR), Pages: 1502-1506, https://www.ijsr.net/getabstract.php?paperid=SR26623150405, DOI: https://dx.doi.org/10.21275/SR26623150405