An Integrative Study on Liabilities of Health Centers in Cases of Medical Negligence

Abstract

Negligence acts still exist in the world because medical practitioners fail to perform their legal duty. In earlier periods the medical profession is most trusted by people so the concept of negligence is not identified. But at present the legislative body established the punishable instruments for medical practitioners under various grounds like Torts, Indian penal code 1860, Indian contract Act, 1872 and Consumer Protection Act, 1986. The concept of negligence are diversified in civil and criminal law. Thus in civil case burden of proof is lies upon plaintiff (patients) to prove the negligence of medical practitioners results in severe injuries or death and in criminal case the defendant held liable to prove on before court thus negligence act occurred in natural manner with substantive evidence.Hence, the court will declare the person in guilt based on facts with relevant evidence of the case. So based on circumstances of the case the court entails to give punishment for the convicted person. The main object of the study is to analyze the legal aspects of medical negligence in India, to find out the common errors occurs by medical professionals, to examine the concept of medical negligence in civil and criminal law,and also to create awareness for people (consumer) about negligence act done by medical practitioners.The type of research is empirical study, convenient sampling method used, sample size is 1554. The study was entitled to analyse the remedies for negligence of medical practitioner is effective based on current status.