Tagged “medical-negligence”

4 articles on medical-negligence.

Indian Medical Association v. V.P. Shantha: medical services as 'service' under consumer law

On 13 November 1995, a three-judge bench held that medical services rendered for consideration fall within 'service' under the Consumer Protection Act 1986, opening the consumer fora to patients alleging deficiency in treatment.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

Jacob Mathew v. State of Punjab: the Bolam standard and the threshold for criminal medical negligence

Decided in August 2005, a three-judge bench adopted the Bolam standard for medical negligence in India, held that criminal liability under section 304A IPC demands gross negligence, and laid down procedural safeguards against the indiscriminate prosecution of doctors.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

Spring Meadows Hospital v. Harjol Ahluwalia: the beneficiary as consumer and twin heads of compensation

Decided on 25 March 1998, this judgment held that both the person who hires a medical service and the beneficiary of it are 'consumers', allowing distinct awards to an injured child and to its parents arising from a single act of negligence.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentNational Consumer Disputes Redressal Commission

Fortis Hospital: the claimant's burden of proof in medical negligence

NCDRC set aside a ₹15 lakh award against Fortis Hospital: a medical-negligence claimant must prove breach, injury and causation; a bad result is not negligence.

Valkya Editorial·1 Jun 2026·8 min