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INTRODUCTION India has been an underdeveloped country throughout the last century. However, it embarked upon
the 21st century, as the fastest growing economy of the world. According to certain reports, this nation of 1.27
billion people is poised to become the third largest economy of the world much before the end of this century. With
its ever expanding economic base, improved literacy rate, living standards, longevity and purchasing power, India is
in the process of putting in place the largest health infrastructure the world has ever seen. Medicine and medical
services have already turned themselves into an ever expanding industry contributing substantially to the gross
national product. While in most developed countries, doctor to patient ratio is in the range of 200 to 500 patients
per doctor, in India it is over 2000 patients per doctor. There are only 50,000 medical college seats registered with
the Medical Council of India today which includes government as well as private colleges. Indian cabinet has
recently cleared a proposal to add 10,000 more medical seats in government colleges and aims to reduce the
doctor to patient ratio in the country from current 2000 to 1000 with the help of private medical colleges. Natural
outcome of these factors are proliferation of private medical colleges and private hospitals all over the country.
While some of them match the world standards, producing good doctors and good quality medical services, a great
majority of them remain barely equipped and with questionable quality. Notwithstanding above, entrepreneurs
today see medical services and pharmaceutical industry as one of the most rewarding business models in the
country. Medicine no longer remains a patient centric activity where patient’s welfare is the prime objective. All
aspects of medical services today are driven by the motive of profit like any other profit making activity in the
economy. This is a dangerous trend and a great hazard to the public health. Under the above circumstances, it
becomes incumbent upon the government to ensure that all aspects of public health are protected and regulated by
stringent and thorough legal framework which is sophisticated and refined enough to adapt itself to the rapid
improvement in technology and innovation that is so characteristic of modern medicine. Unfortunately, such a
framework does not exist in India and howsoever little laws are there, they are insufficient to handle the dangers of
rapid commercialization of medical services and the threat that it poses to public health in India. Sweeping changes
in medical services outlined above has affected the doctor patient relationship as well. Lucky were the doctors of
the past who were treated like Gods and revered without questioning. Today the doctor-patient relationship has
transformed to such an extent that hospitals and doctors have started viewing their patients as customers and
patients have started viewing their doctors as service providers. Even though the services of doctors attracted laws
such as the Law of Torts, IPC etc. In the past also, however, after passing of the Consumer Protection Act in 1986,
medical services legally came under it. Litigation against doctors under this act has since been on a steady rise. The
Central Consumer Protection Council in 1993 tried to bring government medical and health services within the
ambit of the Consumer Protection Act, but met with strong resistance from the ministry of health. Health Ministry
opposed it as it felt that government hospitals were not prepared for such a law. They lacked infrastructure,
resources and drugs to withstand the demands of this act. The Consumer Protection (Amendment) Act, 1993 was
later passed by the Parliament, without bringing into its ambit Govt. health services. "The main issue concerning
public health in the world of medicine is the “medical negligence”. The concept of ‘negligence’ is a tort in civil law.
It is an act or omission that causes harm to an individual’s property, reputation or interests. Tort imposes a duty of
care where one party could reasonably foresee that his or her conduct may cause harm to another. Therefore, in
cases of medical negligence, the claimant has to prove that he or she has suffered injury or harm because of the
negligence of the medical practitioner. The evolution of the legal concept of medical negligence is a rather recent
development. The tort of negligence itself was founded in the UK with the case of Donoghue v. Stevenson , when
commercial liability for defective produce was established. The key ingredient in the establishment of medical
negligence was provided by the Bolam proceedings of 1950. This case introduced what is called the ‘Bolam test’,
which has underpinned the UK’s arrangements for more than half a century. The test forms the basis of defense for
medical professionals when they have “acted in accordance with a practice accepted as proper by a responsible
body of medical opinion. In practice, this makes proving a negligence claim very difficult. The Bolam test was
amended by a judgment in the late 1990s to permit a judge to conclude that a medical decision that is not capable
of withstanding logical analysis is unreasonable and the treatment therefore negligent. In the UK, to deal with
clinical negligence in the National Health Scheme (NHS), the Government created a centrally funded pool of
resources to meet the costs of any claims brought against the NHS. The NHS Litigation Authority (NHSLA) was set
up in 1995 to contest law suits on behalf of the Secretary of State. Contributions were extracted from NHS Trusts on
the basis of assessments of their risk management procedures. Suits against general practitioners (GPs) and other
primary care professionals are not dealt with by the NHSLA, but are defended by a number of other medical defense
organizations. The Department of Health, in UK acknowledged the high level of adverse incidents in NHS hospitals,
revealing that 10 per cent of in-patient admissions resulted in some form of adverse outcome, and five per cent of
the general population report suffering some injury or other adverse effects of".
Sources Similarity

Health Law | Medical Malpractice In The United States | NegligenceCompare text

natural outcome of these factors are proliferation of private medical colleges and private hospitals all over the
country.unfortunately. entrepreneurs today see medical services and pharmaceutical industry as one of the 20%
most rewarding business models in the country. living standards.
https://www.scribd.com/document/263133790/Health-Law
Medical Negligence and CompensationCompare text
the law of tort imposes a duty of care where one party could reasonably foresee that his or her conduct may
cause harm to another. in most cases of medical negligence, the claimant has to prove that he or she has 7%
suffered injury or other harm because of the negligence of the healthcare provider.
https://www.politics.co.uk/reference/medical-negligence-and-compensation