Journal of Indian Academy of Forensic Medicine

Indian Medical Association vs. V.P. Shantha and Ors (1995) is a three-Judge Bench decision. The principal issue which arose for decision by the Court was whether a medical practitioner renders ‘service’ and can be proceeded against for ‘deficiency in service’ before a forum under the COPRA, 86.

There is an urgent need to check increasing trend in number of medical negligence cases and deteriorating quality of healthcare in India. Study of decided cases of medical negligence can provide an insight into the reasons for medical negligence cases, factors mainly responsible for medical negligence and impact of doctor-patient relationship, etc.

This study is attempted to explore the insight into ground realities & problems in the present healthcare system with ways & means to prevent these in healthcare institutions and medical fraternity. High cost of healthcare coupled with practice of defensive medicine will further aggravate the situation. Out of 48 cases studied 43 (89.58%) belongs to private hospitals and only 05 (10.42%) belongs to Government Hospitals. Surgical & Allied specialties and investigational specialties are more at risk of alleged medical negligence and subsequent probability of proof of medical negligence. Outcome of this study will definitely beneficial for all, for healthcare provider it will help in improving the quality of healthcare and doctor-patient relationship, restoration of lost trust in medical profession.