Open Access Research Article
MEDICAL MALPRACTICE AS A FORM OF PROFESSIONAL DEVIANCE: A LEGAL AND ETHICAL ANALYSIS
Abstract
ABSTRACT:
Medical malpractice is one of the most
significant forms of professional deviance within the healthcare system,
involving the failure of medical practitioners to exercise the degree of care,
skill, and diligence expected of reasonably competent professionals. It not
only causes physical, psychological, and financial harm to patients but also
undermines public confidence in the medical profession and the healthcare
delivery system. This article examines medical malpractice from both legal and
ethical perspectives, highlighting its nature, forms, legal consequences, and
the regulatory framework governing professional accountability in India. The
article begins by explaining the concept of professional deviance and its
relevance to the medical profession, followed by a discussion on the meaning,
nature, and essential elements of medical malpractice. It analyses various
forms of malpractice, including diagnostic errors, treatment negligence,
surgical mistakes, medication errors, failure to obtain informed consent,
breach of patient confidentiality, hospital negligence, and fraudulent medical
practices. The study further explores the legal framework governing medical
malpractice in India, focusing on the Consumer Protection Act, 2019, the
National Medical Commission Act, 2019, the Bharatiya Nyaya Sanhita, 2023, the
Bharatiya Sakshya Adhiniyam, 2023, and the constitutional protection of the
right to life under Article 21 of the Constitution of India. A comparative
analysis between professional misconduct and medical negligence highlights the
distinction between ethical violations and breaches of legal duty while
recognising that both constitute forms of professional deviance. The article
further identifies the practical challenges involved in proving medical malpractice,
including technical complexity, evidentiary difficulties, expert testimony,
causation, inadequate medical documentation, procedural delays, and limited
patient awareness. It emphasises that ensuring accountability requires a
careful balance between protecting patients and preserving the professional
independence of medical practitioners. Strengthening these mechanisms is
essential for preventing professional deviance, ensuring justice for patients,
preserving the dignity of the medical profession, and fostering a transparent,
ethical, and accountable healthcare system in India.
Published Paper
Author Details
Authors: S.NANDHINI
Registration ID: 1013198 | Published Paper ID: IJLRA13198
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1218-1257
Article Information
MEDICAL MALPRACTICE AS A FORM OF PROFESSIONAL DEVIANCE: A LEGAL AND ETHICAL ANALYSIS
Authors: S.NANDHINI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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