Three types of proceedings
- Consumer complaints before the Consumer Commissions
- Civil suits for damages
- Criminal complaints for causing death or injury by negligence
Consumer law
In Indian Medical Association v. V.P. Shantha (1995), the Supreme Court held that paid medical services fall within consumer protection law. Complaints are now governed by the Consumer Protection Act, 2019.
The standard of care
A doctor is not negligent merely because a treatment did not succeed. Courts generally ask whether the doctor acted in accordance with a practice accepted as proper by a responsible body of medical professionals — the Bolam test.
Criminal negligence
In Jacob Mathew v. State of Punjab (2005), the Supreme Court held that criminal liability requires gross negligence, and laid down safeguards against frivolous prosecution of doctors. Section 106(1) BNS provides a lower punishment where death is caused by a registered medical practitioner during a medical procedure.
How hospitals can protect themselves
- Informed, written and specific consent
- Complete, contemporaneous medical records
- Clear protocols for referral and emergencies
- Staff credential checks and training
- Prompt legal advice when a complaint is received
Frequently asked questions
Can a doctor be arrested for a patient’s death?
The safeguards from Jacob Mathew require credible medical opinion before prosecution and discourage routine arrest. Each case depends on its facts.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.
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