MEDICAL MALPRACTICE: COMPARATIVE ANALYSIS OF MEDICAL MALPRACTICE LAW IN INDIA AND USA

Abstract

Medical malpractice law is an important confluence of professional ethics and legal accountability in healthcare delivery. With the rapid commercialization in the healthcare, technological advancement, and growing patients’ awareness, medico-legal disputes have increased. This article critically evaluates the development and application of medical malpractice laws in the United States and India from a comparative standpoint by examining the legal systems, court rulings practices and cultural backgrounds of these two countries. Although the basis of culpability in both countries is carelessness, the two legal system differ in adjudicatory method of malpractice claims, damages, burden of proof and patients protection. The study shows that there is a need to balance patient safety and professional accountability, and draws from the US experience to suggest reforms for India. The four universal principles of medical negligence, namely, duty, breach, causation and harm, are known but their legal interpretations, enforcement and systemic impact vary drastically from one place to another. The article offers a comprehensive comparison of medical malpractice law in India and the United States. The article has attempted to provide an inclusive analysis by tracing the historical background of medical malpractice, statutory framework, standards of medical care, burden of proof, judicial procedures, compensation mechanism, health insurance, alternative dispute resolution, and the contemporary challenges confronting healthcare accountability in both India and the United States.