Medical Negligence & Healthcare Law

Medical negligence claims in India can be pursued as a consumer complaint under the Consumer Protection Act, 2019, as a civil suit for damages, or, in serious cases, as a criminal prosecution -- each with its own standard of proof, forum, and possible outcome. This hub covers the Bolam-Bolitho standard courts use to judge whether a doctor's conduct was negligent, how Consumer Commissions and civil courts handle compensation claims, the criminal liability framework for doctors under the Bharatiya Nyaya Sanhita, 2023 (which replaced the Indian Penal Code from July 2024), telemedicine and digital health record rules including their relevance to NRI patients and doctors, and hospital liability, informed consent, and medical record access rights. This platform pays particular attention to the practical questions NRIs face -- pursuing a claim for treatment received during a visit to India, and understanding how telemedicine consultations across borders are regulated.