INTRODUCTION
When we visit a doctor, we place not just our health but often our lives in their hands. Most doctors live up to this responsibility with sincerity, but there are times when things go wrong. Some medical outcomes are beyond anyone’s control, yet in other cases, harm occurs due to carelessness, lack of skill, or failure to follow proper standards of treatment. That is what the law calls medical negligence.
This naturally raises a question many patients ask: Can a doctor be sued for medical negligence in India? The answer is yes. Indian law provides multiple remedies from compensation claims to criminal liability, but at the same time, it also ensures that doctors are not unfairly punished for risks that are part of medical practice.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence occurs when a doctor fails to exercise the degree of care and caution that a reasonably competent professional would in the same situation. It is not about every failed treatment, but about avoidable harm caused by lack of reasonable skill or attentiveness.
Examples include:
- Prescribing the wrong medicine or incorrect dosage.
- Carrying out surgery carelessly or without proper sterilisation.
- Misdiagnosing a serious illness despite clear warning signs.
- Treating a patient without obtaining informed consent.
LEGAL FRAMEWORK IN INDIA
Indian law recognises different types of liability when it comes to medical negligence.
- Consumer Protection Act, 2019[1]
Patients who pay for treatment are considered consumers of medical services. If the service is careless or deficient, a complaint can be filed under the Consumer Protection Act.
- Doctors, hospitals, and clinics can be held accountable.
- Consumer courts can order compensation for financial loss, additional medical expenses, pain, and suffering.
- This is the most common and accessible legal remedy for patients.
- Civil Liability
Apart from consumer forums, patients can file a civil suit to claim monetary damages.
- Civil liability is broader; it can cover long-term suffering, permanent disability, and even loss of livelihood caused by negligence.
- Civil cases are especially used when the compensation sought is large or when the harm is extensive.
As outlined in Avtar Singh’s Law of Torts, the foundation of civil liability lies in the principle that a person who causes harm through a breach of duty must compensate the injured party. The law recognises that damages should reflect not just the injury itself, but the broader impact on the victim’s life.
This principle was reinforced in the landmark case of Jay Laxmi Salt Works (P) Ltd v. State of Gujarat (1994)[2], where the Supreme Court held that even actions taken in public interest do not absolve the State from liability if they result in foreseeable harm. The judgment emphasised that compensation must be proportionate to the damage caused, and that the duty of care remains central to any claim for civil redress.
- Criminal Liability under BNS, 2023
In rare but severe cases, doctors can also face criminal liability under the Bharatiya Nyaya Sanhita, 2023[3] (which has replaced the IPC).
- Section 106 BNS – Punishes causing death by negligence. For instance, performing surgery while intoxicated or leaving surgical tools inside a patient’s body.
- Section 115 BNS – Punishes causing grievous hurt by negligence.
However, courts have made it clear that not every mistake is a crime. Criminal liability only arises when there is gross negligence, meaning conduct so careless that it shows disregard for patient safety.
- Disciplinary Action by the National Medical Commission[4]
The National Medical Commission (NMC) is the regulatory authority for doctors. Patients can also approach the NMC to complain about professional misconduct.
- The NMC can issue warnings, suspend doctors temporarily, or, in extreme cases, cancel their license to practice.
- This is in addition to legal action in courts, and ensures doctors maintain ethical standards.
KEY JUDICIAL RULINGS ON MEDICAL NEGLIGENCE
Indian courts have shaped the law on this subject through landmark judgments:
- Indian Medical Association v V.P. Shantha (1995)[5]The Supreme Court made a historic ruling that medical services fall within the scope of the Consumer Protection Act. This opened the doors for patients to approach consumer forums for negligence cases. Before this judgment, patients had very limited ways to claim compensation. The decision brought medical services within the reach of consumer justice.
- Jacob Mathew v State of Punjab (2005)[6]This case clarified the difference between civil negligence and criminal negligence. The Supreme Court stated that doctors cannot be criminally punished for every error of judgment, as medicine inherently involves uncertainty. Criminal charges should apply only when the negligence is so severe that it shows gross incompetence or recklessness. This judgment gave much-needed protection to doctors from unnecessary harassment while still holding them accountable for serious negligence.
- Dr. Laxman Balkrishna Joshi v Dr. Trimbak Bapu Godbole (1969)[7]In this case, the Court explained the threefold duty of a doctor:
- Doctors must be careful when deciding whether to take on a patient.
- They must also act responsibly when choosing the right treatment.
- They must take proper care while giving that treatment.
If a doctor fails in any of these steps, it can be considered medical negligence. This idea forms the basis of most negligence cases in India. Together, these legal decisions strike a fair balance: patients can hold doctors accountable when things go wrong, but doctors are also protected from being blamed for risks they couldn’t control.
HOW CAN A PATIENT SUE A DOCTOR?
If you believe you’ve suffered due to a doctor’s negligence, the law offers several pathways to seek justice. While the steps below are practical, they also align with legal principles recognised in Indian tort law and consumer protection jurisprudence.
- Preserve All Medical Records
Start by collecting and safely storing every document related to your treatment prescriptions, diagnostic reports, discharge summaries, bills, and consent forms. These serve as crucial evidence to establish the nature of treatment and any deviation from standard care.
- Seek an Independent Medical Opinion
Consult another qualified doctor to review your case. Their expert opinion can help determine whether the original treatment fell below accepted medical standards. Courts often rely on such opinions to assess whether negligence occurred, as highlighted in Jacob Mathew v State of Punjab (2005)[8].
- Choose the Appropriate Legal Forum
Depending on the nature and extent of harm, you may proceed through one of the following:
- Consumer Court: If the treatment was availed in exchange for payment, you qualify as a ‘consumer’ under the Consumer Protection Act, 2019[9]. You can file a complaint for deficiency in service.
- Civil Court: For larger compensation claims or long-term damages (e.g., disability or loss of livelihood), a civil suit under tort law may be more appropriate. As explained in Avtar Singh’s Law of Torts, civil liability allows for unliquidated damages based on the extent of harm.
- Criminal Complaint: If the negligence was gross or reckless, such as operating under intoxication or without proper qualification, you may file a criminal complaint under BNS.
- Report to the National Medical Commission (NMC)
If the doctor’s conduct also violates ethical standards such as misrepresentation, breach of confidentiality, or professional misconduct, you can file a complaint with the NMC. The Commission has the authority to investigate and take disciplinary action, including suspension or cancellation of registration.
CHALLENGES IN PROVING NEGLIGENCE
Proving negligence in medical cases is often difficult. Medicine is not an exact science, and even the best doctors cannot guarantee results. Courts usually rely on expert testimony to decide whether the doctor acted with reasonable care.
The key test is: Would another competent doctor in the same situation have acted differently? If the answer is yes, negligence can be established.
CONCLUSION
Yes, patients can sue doctors for medical negligence in India. The law provides several remedies, including consumer forums, civil suits, criminal proceedings under BNS 2023, and disciplinary action through the National Medical Commission.
At the same time, courts recognise the challenges of medical practice. Not every medical failure is negligence. Criminal charges apply only in cases of gross carelessness, while civil and consumer remedies cover ordinary negligence.
This balance protects both patients and doctors: it ensures that patients are not left helpless when harmed by careless treatment, while also preventing doctors from being unfairly punished for risks they cannot control. Ultimately, the law reinforces one principle: trust between doctor and patient must rest on accountability, responsibility, and respect.
Author(s) Name: Aditya Parashar (Jims Engineering Management Technical Campus, Affiliated to Guru Gobind Singh Indraprastha University)
References:
[1] Consumer Protection Act 2019.
[2] Jay Laxmi Salt Works (P) Ltd v State of Gujarat (1994) 4 SCC 1.
[3] Bharatiya Nyaya Sanhita 2023, ss 106, 115.
[4] National Medical Commission Act 2019.
[5] Indian Medical Association v V.P. Shantha (1995) 6 SCC 651.
[6] Jacob Mathew v State of Punjab (2005) 6 SCC 1.
[7] Dr Laxman Balkrishna Joshi v Dr Trimbak Bapu Godbole AIR 1969 SC 128.
[8] Jacob Mathew v State of Punjab (2005) 6 SCC 1.
[9] Consumer Protection Act 2019, No. 35 of 2019.
