International Journal For Multidisciplinary Research

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An Analysis of Legal Framework and Judicial Trends In India With Respect To Medical Practice And Surgical Care

Author(s) Ms. Ishika Gupta
Country India
Abstract The interface between medicine and law in India has evolved into one of the mostdynamic and consequential domains of contemporary jurisprudence. This research paperundertakes a systematic and comprehensive examination of the legal frameworkgoverning medical practice and surgical care in India, tracing its evolution from preconstitutional statutes to modern legislative enactments and judicial pronouncements. Thestudy analyses the multi-layered statutory architecture comprising the Indian MedicalCouncil Act, 1956, the Consumer Protection Act, 2019, the Indian Penal Code, 1860, andthe Clinical Establishments (Registration and Regulation) Act, 2010, among other
instruments, within which questions of medical accountability are adjudicated.
Special attention is devoted to the landmark jurisprudence developed by the SupremeCourt of India and various High Courts, particularly through decisions such as IndianMedical Association v. V.P. Shantha & Ors. (1996), Jacob Mathew v. State of Punjab(2005), and Samira Kohli v. Dr. Prabha Manchanda (2008), which have collectivelysculpted the doctrinal landscape of medical negligence, informed consent, and vicariousliability in India. The paper also investigates contemporary challenges, including the legalstatus of telemedicine, liability issues arising from robotic surgery, gaps in the legalprotection of whistleblowers in healthcare, and the persisting deficiencies in rural medicalinfrastructure accountability. The research concludes with a set of policyrecommendations aimed at fostering a balanced legal regime that adequately compensates
aggrieved patients without subjecting competent medical professionals to vexatiouslitigation.
Keywords Medical Negligence, Surgical Care, Consumer Protection Act, Informed Consent, Bolam Test, Jacob Mathew, Vicarious Liability, Indian Medical Council, Clinical Establishments, Telemedicine, Medical Jurisprudence, Supreme Court of India.
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-06-02
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