Is a hospital liable for medical negligence in India?

Yes, a hospital and its doctors can be held liable for medical negligence if it can be shown that the standard of care expected of a reasonably competent professional was breached and caused harm. Patients can seek compensation through consumer commissions or civil courts.

Key points

• Medical negligence involves a breach of the duty of care that a competent medical professional owes a patient.
• You must show the treatment fell below the accepted standard and directly caused injury.
• Medical services for consideration fall under consumer law, so patients are treated as consumers.
• Expert medical opinion is usually needed to establish negligence.
• Both the hospital (vicariously) and the individual doctor can be held liable.

Relevant law

Medical negligence claims can be filed under the Consumer Protection Act, 2019 as a deficiency in service, or as a civil suit for damages. Criminal negligence may attract Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023. The Supreme Court in Indian Medical Association v. V.P. Shantha (1995) confirmed medical services fall within consumer law.

What you can do

• Obtain and preserve all medical records, prescriptions, bills, and test reports.
• Get an independent medical expert opinion on whether negligence occurred.
• File a complaint before the appropriate Consumer Commission in Cuttack via e-Daakhil.
• Consult a medical negligence advocate in Cuttack to assess and pursue your claim.