Indian Journal of Health and Medical Law

Legal Accountability for AI Errors in Life-Saving Medical Decisions: Medical Negligence, Liability and Data Protection under Indian Law

2026-01-05T06:16:55+00:00

Artificial Intelligence (AI) is revolutionizing the healthcare industry at a very fast pace by increasing diagnostic accuracy, foretelling treatment outcomes, and helping in life-saving healthcare decisions, yet its implementation brings important legal, ethical, and regulatory issues into play when something goes wrong. Classic medical negligence principles, as formulated by Bolam v. Friern Hospital Management Committee and polished by Bolitho v. City and Hackney Health Authority, centre upon the behaviour of medical practitioners, but their application is cumbersome whenever human judgment comes combined with AI-suggested options. Indian jurisprudence, especially that of Jacob Mathew v. State of Punjab, gives a basis for determining negligence but doesn't inherently tackle accountability in AI-supported judgments, creating a lack of clarity in the law. This research critically analyses the liability matrix of physicians, hospitals, AI programmers, and software providers, and the regulatory requirements imposed by the National Medical Commission, Consumer Protection Act, Indian Penal Code, Information Technology Act, and the Digital Personal Data Protection Act, 2023. This research also delves into difficulties in assessing causation in AI-supported treatment, the moral responsibilities of healthcare professionals in upholding patient autonomy, and the risks of data protection in processing sensitive health information for training algorithms. Taking comparative lessons from the U.S. Food and Drug Administration's regulation of Software as a Medical Device (SaMD) and the Indian Central Drugs Standard Control Organization (CDSCO) regime, the article calls for an overhauling need for an integrated AI healthcare liability legislation in India that balances
accountability with no stifling of innovation. Eventually, the study advocates for a legislative code requiring algorithmic transparency, AI-specific error reporting systems, and patient-oriented safeguards, thus reconciling technological progress with medical ethics, data protection, and patient safety in an increasingly digitizing healthcare environment.

Exploring Health Science and Global Legal Provisions

2026-03-02T17:25:19+00:00

Health science is a multidisciplinary science or discipline that combines the science of biology, chemistry, physics, and social sciences in the understanding of diseases, their prevention, and treatment coupled with promoting the overall well-being. It covers such spheres as medicine, population health, biotechnology, and epidemiology and contributes to the innovations that prolong human lifespan and enhance the quality of life. Health science is changing fast with technological advancement, but it exists in a web of legal provisions in the world to guarantee ethical conduct, equity and safety. These legislations are based on international agreements and human rights systems to balance science and societal safeguards, covering aspects of pandemics to bioethics. In this article, the author discusses the origins of health science, its recent development and the legal systems that regulate it across the world explaining how they have worked together to create a healthier world.

Telemedicine and Human Rights: A Legal Analysis in the Digital Healthcare Framework

2026-03-29T17:48:49+00:00

The rapid proliferation of telemedicine during and after the COVID-19 pandemic has fundamentally altered the delivery of healthcare services globally. While telemedicine promises to enhance access, reduce costs, and improve patient outcomes, it also raises significant human rights concerns regarding privacy, data protection, informed consent, and equitable access. This article critically examines the intersection of telemedicine and human rights law, evaluating the extent to which existing legal frameworks adequately protect patient rights in the digital healthcare era. Drawing upon international human rights instruments, comparative legislative analyses, and emerging jurisprudence, this paper argues that while telemedicine has the potential to advance the right to health as enshrined in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), its implementation must be guided by robust regulatory safeguards. The analysis reveals that digital health inequities, algorithmic biases in diagnostic tools, and cross-border data transfers present novel challenges that require coordinated international legal responses. The article concludes with recommendations for a human rights-based approach to telemedicine regulation that balances technological innovation with fundamental freedoms.

Impact of Social Media on Mental Health Using AI-Based Sentiment Analysis

2026-04-07T05:46:18+00:00

The article examines how social media affects mental health in a multi-faceted manner by integrating the traditional analysis based on a survey method with the latest artificial intelligence (AI) methods. We are not just looking at the frequency and duration of social media usage among people, but also at the type of content that causes distress, the perception discrepancies between age groups, and how AI instruments can be used to diagnose people who might be at risk. The primary data is combined with secondary data to create blending data. Surveys using large-scaled social media samples, and using techniques such as sentiment analysis and natural language processing (NLP), the research study will reveal significant trends between online behavior and psychological performance.The findings point to obvious correlations between the high usage and the negative feelings, as well as reveal the fact that the content type and age are important factors in the formation of experiences. Notably, the study shows that AI-based practices can help in the early identification and intervention. The paper ends by summarizing the practical approaches to more healthy digital interactions and recommending interdisciplinary cooperation to minimize the negative impact of social media on mental health and maintain all its positive aspects.

Legal Analysis of Online Food Delivery with Special reference to Zomato Case

2025-12-08T06:33:49+00:00

The development of digital technology has improved the application of creativity while also changing existing industries. Zomato, one of the most well-known programmes that offers an online meal delivery service to consumers looking to explore restaurants, is one of many such service providers. The entire study recommended that Zomato expand into rural areas and offer virtual restaurant tours to boost service skills. The implications of Zomato have been investigated. The world economy has endured two
very difficult years. By generating income and new employment possibilities for society, the introduction of new firms can accelerate a nation's economic development. Only from these nations have any recognised businesses with novel ideas for business emerged. This research analyse the value of entrepreneurship in a developing nation like India and to explain the success of Zomato, an Indian startup. When the founders of Zomato developed a platform via which individuals could quickly browse menus of a range of foods from different restaurants, place online orders, and have the meals delivered to their doorsteps, it was a novel idea in India.

The Jurisprudence of Dignity: A Comprehensive Analysis of Passive Euthanasia in India

2026-04-18T08:06:40+00:00

This paper undertakes a comprehensive examination of passive euthanasia within the Indian legal framework, tracing its evolution from a legally prohibited act to a constitutionally recognized right embedded in the dignity of the individual. The study investigates the doctrinal shift from the sanctity of life principle to the right to die with dignity as enshrined under Article 21 of the Constitution of India. Through a systematic analysis of landmark judicial pronouncements—from the international precedents set by Airedale NHS Trust v. Bland (1993) [1] and Cruzan v. Director, Missouri Department of Health (1990) [2], to the transformative Indian judgments of Aruna Ramchandra Shanbaug v. Union of India (2011) [4], Common Cause (A Regd. Society) v. Union of India (2018) [5], and the recent Harish Rana v. Union of India (2026) [7]—this paper traces the jurisprudential journey that has shaped end-of-life medical decision-making in India. The paper critically evaluates the procedural evolution of Advance Medical Directives (Living Wills), examining how the Supreme Court progressively simplified bureaucratic requirements to make this constitutional right practically accessible. Particular attention is paid to the 2023 refinements that replaced magisterial countersignatures with notarial attestation and integrated Living Wills into the National Health Digital Record. The 2026 Harish Rana case is analyzed as the first real-world application of these simplified guidelines, establishing that passive euthanasia encompasses withdrawal of Clinically Assisted Nutrition, not merely mechanical ventilation [8]. The paper further identifies persistent challenges: the absence of dedicated legislative codification in the Bharatiya Nyaya Sanhita (BNS), the risk of economic coercion in healthcare decision-making, and the subjective medical determination of irreversibility. The study concludes that while India has made remarkable strides in aligning its medical jurisprudence with constitutional values of autonomy and dignity, the urgent need remains for a comprehensive Medical Treatment of Terminally Ill Patients Act to consolidate these judicially crafted protections into enforceable statutory law .