WHEN CARE HARMS: RETHINKING MEDICAL MALPRACTICE, RIGHTS & REFORM

Abstract

Medical negligence poses an ongoing issue at the nexus of law, ethics, and healthcare policy. This chapter embarks on critical appraisal of medical negligence from a legal and comparative perspective, examining how modern jurisprudence protects patient rights and enhances accountability in medical practice. Based on doctrinal, legislative, and case law materials, it analyzes core legal principles—duty of care, informed consent, and vicarious liability—considering alternative legal frameworks in courts of the United States, United Kingdom, India, and Australia. The research also questions systemic hurdles in malpractice claims, such as access to justice, expert evidence, and judicial delays, as well as new challenges arising from digital medicine and telemedicine. Real-life case studies, up-to-date news developments, and statistical information are woven in to enrich the analysis. Lastly, it provides evidence-based policy reform recommendations as well as strengthened patient protection, making a case for an equitable legal architecture that promotes both medical professionalism and patient autonomy.