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Indian Journal of Law and Human Behavior

Volume  11, Issue 1, Jan-June 2025, Pages 55-65
 

Review Article

In Complex Medical Negligence Lawsuits, to be Indecisive is Decisive! A Critical Analysis & Review

Shri Gopal Kabra1, Vivekanshu Verma2

1 Director Legal Affairs and Medical Audit, SDMH, Jaipur. Rajasthan, 302015.  2 Associate Consultant, Medanta-the Medicity, Gurugram, 122001.

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DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.11125.5

Abstract

Medical negligence cases often involve complex medical and legal issues, requiring a delicate balance between judicial interpretation and expert medical opinion. The lack of decisive judgments, particularly in cases like Dr. Suresh Gupta vs Govt. of NCT of Delhi & Anr and Jacob Mathew vs State of Punjab, raises questions about the adequacy of justice delivered. The absence of decisive judgments in complex medical negligence cases undermines the quality of justice and fails to ensure accountability or improve medical standards. A more balanced approach, incorporating expert medical opinion and addressing both legal and medical aspects, is essential for delivering equitable justice. Key Message: Judicial indecisiveness in medical negligence cases, particularly when based on legal technicalities rather than medical merits, can lead to miscarriages of justice. Expert medical opinion must play a central role in such cases to ensure fairness and accountability.
 


Keywords : • Medical negligence; • Expert opinion; • Judicial indecisiveness; • Dr. Suresh Gupta, Jacob Mathew; • Defensive medicine, • Accountability.
Corresponding Author : Vivekanshu Verma