Common Law and Indian Cases on Medical Negligence

176 Pages Posted: 4 Apr 2019

Date Written: March 12, 2019


This paper lays down the position of law on medical negligence. The law on medical negligence is also more international than other laws. It derives from developments in the Common law as well as legal precedents from non-common law jurisdictions. The paper looks at the position of common law and Indian law on this subject through important cases. The paper highlights some emerging legal guidelines with respect to medical negligence from these cases. The paper attempts to distill what care the doctors, patients and the hospitals need to take to reduce the instances of legal medical negligence.

Keywords: Medical Negligence, Tort, medical malpractice, Hospitals, doctors, patients

JEL Classification: K00, K13, K19, K32

Suggested Citation

Deodhar, Rahul Prakash, Common Law and Indian Cases on Medical Negligence (March 12, 2019). Available at SSRN: or

Rahul Prakash Deodhar (Contact Author)

University of Mumbai ( email )

Mahatma Gandhi Road
Mumbai, 400032

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