Indian Journal of Health and Medical Law

Medical Negligence in India: A Critical Study

Saquib Ahmed, Bhupinder Singh — Tue, 25 Mar 2025 00:00:00 +0000

The article addresses the definition, manner, and origins of medical negligence and its unique characteristics. The meaning and essentials of medical negligence along with its history and the emergence of the early instances of medical negligence have also been highlighted. It has also been explained as to how medical negligence can be classified as civil and criminal wrong and the extent to which the Consumer Protection Act is applicable to the medical profession. The pattern of malpractice claims in various specializations and contexts is studied, with settled case laws now serving as precedents, and the most generally used criteria for assessing the same is enunciated. Thus, medical negligence cannot only be defined as an act or omission by a medical professional that deviates from established norms and causes harm to the patient the requisites for the same are explained with case laws in the paper that can identify an act and distinguish between generally accepted medical practices and medical error with tremendous lack of care. The primary goal of this research is to assess the scope of medical negligence under different fields of law.

Women and Health

Thu, 17 Jul 2025 00:00:00 +0000

Now a days, women’s health is a complex issue that emphases on the combination of biological, social and cultural factors. This paper explores the comprehensive aspects of women’s health, with a focus on reproductive health, mental health and healthcare access. A literature review examines existing research on gender differences in healthcare, while case studies provide intuitions into the real-world challenges women face worldwide. The discussions explore the implications of these challenges and proposes strategies to conquer them. The paper concludes with recommendations for policymakers, healthcare providers and researchers to boost health outcomes for women.

Recognizing Medical Negligence: Essential Components and Legal Consequences in India

Saquib Ahmed, Bhupinder Singh — Tue, 25 Mar 2025 00:00:00 +0000

Medical negligence happens when medical personnel do not give patients the expected level of care, which causes injury to the patient. According to the article, medical negligence involves three key elements: a legal duty owed by the healthcare provider to the patient, a breach of that duty, and the resulting harm to the patient. Medical negligence is governed by a complicated legal system in India that includes the Indian Penal Code and the Consumer Protection Act, among other legislation. In discussing how these laws define and deal with carelessness, the article highlights that the onus of proof is on the complaint to prove that a breach occurred. Moreover, it examines the consequences of medical malpractice, which may result in criminal charges, civil liabilities, and disciplinary measures against healthcare professionals. Significant obstacles to proving medical negligence charges are also highlighted in the paper, including the requirement for expert testimony and the issue of determining what an acceptable standard of care is. In the end, this investigation seeks to improve understanding of medical negligence in India, promoting better patient safety standards and increased accountability within the healthcare system. It highlights the importance of patients understanding their rights and the legal options available to them in cases of negligence. Stakeholders can endeavor to promote a more accountable and transparent healthcare system by acknowledging these crucial elements and their legal
ramifications.

Eradicating New Forms of Deadly Diseases under Cameroon Public Health Law: Challenges and Prospects

Tasiki Desvarieux Ntobengwia, Ndung Chantal Mbong — Tue, 25 Mar 2025 00:00:00 +0000

The emergence of new and re-emerging infectious diseases poses a significant threat to global health security, and Cameroon is no exception. This study examines the challenges and prospects of eradicating new forms of deadly diseases under Cameroonian public health law. We conducted a critical analysis of the existing legal framework, policies, and institutional mechanisms governing public health in Cameroon. Our findings reveal significant gaps in the current legal framework, inadequate preparedness and response mechanisms, and insufficient coordination between stakeholders. Despite these challenges, we identify prospects for improvement, including the potential for policy reforms, strengthened international cooperation, and enhanced community engagement. We argue that a comprehensive and inclusive approach to public health governance is essential for effective disease control and eradication in Cameroon. Our study provides recommendations for strengthening Cameroonian public health law and policy to address emerging health threats.

Menstrual Justice in India: Health, Human Rights, and Legal frameworks

Monika Jain — Tue, 12 Aug 2025 00:00:00 +0000

Half of India's population is women and girls. However, gender inequities continue to be a serious problem in India, affecting women's and girls' access to school, health care, and employment. Some nations and businesses provide menstrual leave, but there is little study on how the policy is perceived or how it affects employees. Menstrual leave brings up several issues related to women's health, employment, and gender parity at work. In the perspective of urban women in the organised workforce, this paper discusses the topic. They have a relative advantage over women working in the unorganised sector since they have access to clean, safe restrooms both at home and at work. Though wellintentioned, menstrual leave regulations should be used cautiously since they may have a negative impact on gender equity. The policy debate has brought up crucial questions about how businesses should be more accepting of women's bodies. It is recommended that talks on gender inclusivity take into account how age, class, and position in the organisational hierarchy interact with gender. During such time, they experience both physical and mental stress. For working women, handling such stress is more challenging. On the one hand, workplaces are diversifying more and more. As more women enter the labour, the economy is growing as a result. However, organisations have not shown much sensitivity to this particular demand of women. Women need to rest more than they need to work during their period. However, there are no policy efforts in place to address this need. The parliament has discussed this issue, but no legislation has yet been passed. A law requiring menstrual leave or period leave in every company might be a positive move. The authors of this study report have made an effort to learn what employees think of such a leave.

Policy and Regulatory Implications: AI

Navjot Kaur — Fri, 06 Jun 2025 00:00:00 +0000

Artificial Intelligence is no longer a futuristic vision rather it is here because of revolutionizing industries, rewriting economic models, and upsetting traditional models of governance. With nations racing to tap the potential of AI, the relevant question has moved from how to regulate AI to how to regulate AI in a manner that does not kill the goose that lays the golden eggs. In this paper, the various models of AI governance in India, China, and the European Union (EU) are analyzed, with India’s innovative but patchy regulatory landscape, China’s state-led AI dissemination for surveillance and control, and the EU’s strict, risk-based AI Act for ethics, transparency and accountability. The research finds substantial regulatory challenges in the fields of data privacy, algorithmic bias, liability, and ethics oversight, and emerging solutions through AI sandboxes, crossborder compliance frameworks, and increasingly sophisticated public-private partnerships. As the line between human and machine decision-making becomes increasingly blurred, this paper calls for a single, global model of AI governance that conforms to OECD and UN benchmarks, sets rigorous liability regulations, and ensures AI as a facilitator of equity and not exploitation. The future of AI
regulation is more than rule- making; it is the construction of an AI-driven society that fosters fairness, transparency and the dignity of human beings. AI’s potential as a tool to advance or a means of unbridled power depends on the choices we make today. This paper envisions a future where AI serves humanity and not the other way around.

The Influence of Competition Legislation on the Healthcare Sector

Saquib Ahmed, Bhupinder Singh, Anjali Raghav, Sahil Lal, Manmeet Kaur Arora — Tue, 25 Mar 2025 00:00:00 +0000

Healthcare is a fundamental necessity and an inherent right of every individual. The right to health has been recognised in various international legal documents. The healthcare sector has been acknowledged for activities that compromise competition and regulatory adherence. Thus, the Competition Act is essential in enforcing appropriate limitations. Robust competition in nursing has demonstrated efficacy as a method that improves economic efficiency. The imperative for stringent regulation to guarantee equity in the healthcare industry resulted in the implementation of the Competition Act, 2002. Competition laws comprise a framework of regulations designed to promote competition in domestic and national markets. These measures aim to avert inequitable trading practices and the misuse of monopolistic power by the market's dominant enterprise. Moreover, it removes artificial entry barriers and aims to abolish the monopolisation of assembly processes by encouraging the participation of new competitors in industries. The aims of the Competition Act, 2002 include the optimisation of consumer and producer welfare and the improvement of production efficiency.

Under Siege: Strengthening Legal Protections for Healthcare Workers

Urvashi Ojha, Abhishek Sinha, Mukul Arya — Thu, 28 Aug 2025 00:00:00 +0000

Workplace violence against healthcare providers has become an alarming issue, threatening the safety and well-being of medical professionals worldwide. This paper examines the prevalence and causes of such violence, which includes both physical and psychological abuse, particularly in high-risk environments like emergency departments and mental health facilities. Healthcare workers are increasingly vulnerable due to high-stress situations, long working hours, and close interactions with patients and their families during critical moments. The lack of robust legal protections further exacerbates this issue, leaving many healthcare providers without sufficient recourse. With a Primary as well as Secondary data collection, this paper explores the comprehensive legal landscape addressing workplace violence against healthcare providers, focusing on key provisions within labour and
healthcare safety legislation, criminal law, and civil remedies. It examines how these laws interact to protect healthcare workers, with specific attention to legal precedents that define employer liability and institutional responsibility. Additionally, the paper assesses the effectiveness of violence prevention programs, security protocols, and other measures designed to safeguard workers. It also considers healthcare providers’ rights under international labour laws, emphasizing the global standards that
uphold their entitlement to a safe working environment and analysing gaps in enforcement and implementation across jurisdictions. The paper offers recommendations for strengthening legal protections, including mandatory reporting mechanisms, improved workplace safety standards, and enhanced support systems for affected healthcare workers. Furthermore, it calls for a coordinated effort among governments, healthcare institutions, and legal bodies to ensure comprehensive protection for healthcare professionals. By exploring legal remedies and proposing necessary reforms, this research aims to contribute to the creation of a safer and more secure environment for those who dedicate their lives to caring for others.