A Critical Study of Law Relating to Medico Legal Litigations in India

Medical jurisprudence encapsulates all activities in the medical arena such as the
regulation of drugs, hospitals, medical institutions and medical professionals. However,
the most contentious aspect of medical jurisprudence, which arises during a dispute in
connection with medicine, is medico-legal litigation. It is within this realm of medical
jurisprudence that medical law is examined, interpreted and enforced by relevant
authorities in order to bring justice to the aggrieved. Such minor aspects together form
an ineffective and largely lacking medico-legal regime. Under these circumstances, this
thesis aims to draw out the complex issues facing medico-legal litigation in India
focusing on the doctor-patient relationship, sources of disputes, procedural and
substantial aspect of the judicial process and the existence of appropriate legal
remedies.
The thesis will follow a synchronized structure that will carry the introduction, analysis,
arguments and suggestions in successive chapters to achieve its objectives. In this
respect, the first chapter of the thesis will deal with the introduction to medical law and
explore the different elements that make up the medico-legal system in India. It will
also specify the objectives of the thesis as well as the research questions and hypothesis
that will be addressed in the thesis. Chapter two will explore the medical systems,
medico legal regime and medico-legal systems in different developed countries in the
international level, with the aim to carry out a comparative analysis with the system in
India. The third chapter of the thesis will deal with the concept of doctor-patient
relationships in India including an analysis of its historical aspects. The fourth chapter
examines the medical negligence from the legislative frame work that prevails in India
in relation to health law. The fifth chapter scrutinizes the role of the judiciary in hearing
medico-legal cases. This will be followed by the sixth chapter of the thesis that lays
down the medico legal scenario in India with challenges and response. Based on the
findings in this chapter, the seventh chapter aims to provide an overview of the thesis
and recommend measures that need to be taken by the relevant authorities or parties
towards the development of the medico-legal system in India.