A Critical Study of Law Relating to Medico Legal Litigations in India

Abstract

Medical jurisprudence encapsulates all activities in the medical arena such as the regulation of drugs, hospitals, medical institutions and medical professionals. However, the most contentious aspect of medical jurisprudence, which arises during a dispute in connection with medicine, is medico-legal litigation. It is within this realm of medical jurisprudence that medical law is examined, interpreted and enforced by relevant authorities in order to bring justice to the aggrieved. Such minor aspects together form an ineffective and largely lacking medico-legal regime. Under these circumstances, this thesis aims to draw out the complex issues facing medico-legal litigation in India focusing on the doctor-patient relationship, sources of disputes, procedural and substantial aspect of the judicial process and the existence of appropriate legal remedies. The thesis will follow a synchronized structure that will carry the introduction, analysis, arguments and suggestions in successive chapters to achieve its objectives. In this respect, the first chapter of the thesis will deal with the introduction to medical law and explore the different elements that make up the medico-legal system in India. It will also specify the objectives of the thesis as well as the research questions and hypothesis that will be addressed in the thesis. Chapter two will explore the medical systems, medico legal regime and medico-legal systems in different developed countries in the international level, with the aim to carry out a comparative analysis with the system in India. The third chapter of the thesis will deal with the concept of doctor-patient relationships in India including an analysis of its historical aspects. The fourth chapter examines the medical negligence from the legislative frame work that prevails in India in relation to health law. The fifth chapter scrutinizes the role of the judiciary in hearing medico-legal cases. This will be followed by the sixth chapter of the thesis that lays down the medico legal scenario in India with challenges and response. Based on the findings in this chapter, the seventh chapter aims to provide an overview of the thesis and recommend measures that need to be taken by the relevant authorities or parties towards the development of the medico-legal system in India.