Himanshu Dabral Manshi Negi Dr. Manish Bharadwaj
Abstract
The person who is called a healer or doctor of medicineis regarded as amost prestigious walk of life that helps the
people who are in need of it. It is the duty of every doctor as well as a medical practitioner to meet the duty of care.
In a country like India, where people consider doctors as God or divinity, as they are the ones who will treat their
sickness or health problems and at last they will be healed and cured by them. But, Nowadays medical negligence
i.e., ignorance of duty is the major concern of the patient. Therefore, it became one of the serious issues in the
country as it is resulted in causing innocent lives. From many of the incidents, it is evident that the career in
medicine righteous occupation. And it negligence is unwilling in nature. The main reason behind medical
negligence is reported is when an under-qualified medical practitioner has not taken reasonable care while treating
the patient. Well! In this article, I've mentioned the sections of the Indian Penal Code 1860 that deals with Medical
Negligence. On the other hand, I’ve also discussed some of the exceptions that are laid under the Indian Penal Code
1860. Further, in the cases of extreme medical malpractice, there is Res Ispa Loquitor principle established. Under
this article, the laws of medical negligence for punishment are divided into three parts; Criminal, Civil or Monetary
and Disciplinary Actions. There are also some landmark judgements mentioned in this article.