By: Moksha Grover

As the whole world is suffering against the covid-19 pandemic, pharmaceutical industries all over the world are trying their level best to fight against these unprecedented times. The covid pandemic has actually benefitted the pharmaceutical industry and helped in the growth and development of this industry. The Indian pharmaceutical industry is the world’s third largest drug producer by volume and the country’s market manufactures 60 percent of vaccines globally[1]. This constitutes 40 to 70 percent of the supply to satisfy the World Health Organization’s (WHO) demand for Diphtheria, Tetanus, and Pertussis (DPT) and Bacillus Calmette Guerin (BCG) vaccines and 90 percent of the global demand for the measles vaccine[2]. In this covid pandemic, the Indian pharmaceutical industry has played a vital role in distributing affordable and low-cost generic drugs to millions of people around the globe.


The covid-19 pandemic presented several opportunities for the pharmaceutical companies and helped them to think differently. It helped them to act in a sense of urgency for all the patients who were looking for cheap and affordable medicines. In this pandemic, Indian companies have risen and developed in the field of therapeutics by re-purposing the dugs.

This pandemic also gave the pharmaceutical companies opportunities to work in collaborations with some major global companies for the purpose of developing the covid vaccine in turn enhancing the global connections. Serum Institute of India partnered with Oxford University, Zydus Cadila partnered with Gamaleya Institute of Russia, Panacea Biotec collaborated with US-based Refana Inc and there are many other companies who collaborated for the purpose of producing good and effective vaccines against the deadly virus. These collaborations and partnerships helped the companies to make effective vaccines, develop a stand in therapeutics, and also reach the global market.

Indian pharma industry took a proactive approach during the pandemic and also became successful in proving its mettle in complex and specialty generics. These companies also ensured regular manufacturing by not hindering manufacturing even for a single day. With the development in the pharma industry, eCommerce platforms and industries also developed. In the current pandemic, a great deal of motivation was given to E-pharmacy which helped in ensuring that patients received their medication despite lockdown. The domestic pharma market turnover in India has reached Rs. 1.4 lakh crores (equivalent to $ 20.03 billion) in 2019 as per the government data[3]. This is actually an increase from Rs. 1.29 lakh crores in 2018[4].


The source of APIs plays a very crucial role in the strategic plan of the Indian pharmaceutical industry to combat covid-19. A major challenge faced by this industry is the supply of APIs. Active Pharmaceutical Ingredients (API) are defined as the active ingredients contained in a medicine. This pandemic has highlighted the dependence of the Indian pharma industry on imported APIs. Today, 60 percent of India’s API requirement is imported[5]. In commonly used APIs, such as cephalosporins, azithromycin, and penicillin, the dependence is as high as 90 percent [6].  Of the total imports of APIs and intermediates into India, China accounts for 65–70 percent [7]. This is a problem faced by almost the whole west depends upon china for their API supplies. This pandemic has also highlighted low healthcare coverage in India. n terms of healthcare spending, India has one of the lowest healthcare budgets with just 1.26 percent of GDP being spent on healthcare[8]. India ranks 155th out of the 167 countries in terms of hospital bed availability (as per the Human Development Report 2020) with just five beds available for every 10,000 Indians[9].  Such a sudden rise in covid cases in India highlighted the shortage of hospital beds, medicines, and availability of laboratory tests. As pandemics have always shifted the way people react. A similar change has been seen in the consumption pattern of various consumers. There has been an increase in the case of online ordering and e-consultations, especially in the case of chronic diseases. These challenges can result in long-term impacts on this industry.


Initiatives like Production Linked Incentives (PLI) schemes for bulk drugs and medical devices introduced by the government for the industry’s self-reliance have given a major boost to this industry. These incentives are to the tune of INR6,940 crore and INR3,420 crore, respectively, and encompass greenfield projects for bulk drugs and intermediates, and the establishment of three bulk drug parks[10]. In addition to this, the government should take some steps in removing the financial and technical barriers prevailing within this industry. This will in turn help in reducing the dependency of the Indian pharma industry on china for APIs.

The pharmaceutical companies have now identified the importance of backward integration which is expected to bring greater reliability, improve the quality of production, reduce dependence on external sources of supply, and help in increasing the efficacy of manufacturing. Several key representatives from the pharmaceutical industry and NITI Aayog have suggested fostering the approvals of pharmaceutical infrastructure developments, clearance from the environment ministry, and providing tax exemptions and subsidies for the development and promotion of the pharmaceutical industry hubs could benefit the market[11].

Over the last few years, many tourists have been visiting India for their medical treatment. The government has also relaxed rules for the tourists by issuing rapid airport clearances and fast-track medical visas, thus helping in the promotion of this industry.


This covid pandemic has been a boon to the Indian pharmaceutical industry. Medicine spending in India is expected to grow between 9-12 percent over the next five years, leading India to become one of the top 10 countries in terms of medical spending[12]. It is now important for all pharmaceutical companies to shift their product portfolio toward chronic diseases like covid drugs, antidepressants, anti-diabetes, cancers, etc. which are on the hike nowadays. Many initiatives have been taken up by the government to reduce healthcare expenses and make it affordable for the whole population of the country. The introduction of generic drugs has also paved the way for the benefit of pharma companies. It is now important to focus on the rural healthcare system and provide the rural areas with the necessary drugs and preventive vaccines. Doing so will help a lot in the development of pharma companies in India and will also lead to the development of the country as a whole.

[1] Dr Abhishek Dadhich, ‘The COVID-19 pandemic and the Indian pharmaceutical industry’, EPR (22 April,2020) <> accessed 19th September 2021.

[2] Ibid.

[3] Dr Sujith Varma K, ‘Covid-19 impact on Indian pharmaceutical industry’, PHARMABIZ.COM (10th February, 2021) <,actually%20an%20increase%20from%20Rs.> accessed 19th September,2021.

[4] Ibid.

[5] Sanjay Singh, ‘Pharmaceuticals: emerging not just stronger, but better and smarter’, KPMG accessed 19th September,2021.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Ibid.

[10] Ibid.

[11] Dr Sujith Varma K (n 3)

[12] Ibid.

Zikavirus: A new terror?

Similar to West Nile, yellow fever and dengue viruses is the zika virus. Zika is mostly spread by mosquito bites and is carried by contaminated Aedes aegypti mosquitoes, however, it can also be contracted to intrauterin. Zika may affect anybody, but because to the possibility of embryonic microcephaly and other brain abnormalities, pregnant women are particularly at risk. It’s possible for this virus to spread sexually. It has been documented that sexual partners of sick men and women can spread the disease. 

Presently, there is no established vaccine or cure. However, to prevent this disease it should be made sure to get rid of old tyres and make holes in the swings’ bottoms, clean out blocked gutters.
Insecticide treatment for rain barrels, weekly water changes, or emptying of birdbaths.During the first week of sickness, closely adhere to the precautions to avoid mosquito bites in order to help stop others from getting sick.

Top Medical Colleges in India

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India is known for its contribution to medicine. Since the ancient times, traditional medicines like Ayurveda, Unani, and homeopathy have been prevalent. Apart from this, the status of allopathy has been equivalented as well. Every year, India graduates millions of well-qualified doctors. As an ode to the exceptional quality of medical education in India, here are a few top medical colleges in India –

  1. All India Institute of Medical Sciences (AIIMS), New Delhi

All India Institute of Medical Sciences, New Delhi is a public hospital and medical research university based in New Delhi, India. The institute is governed by the AIIMS Act, 1956 and operates autonomously under the Ministry of Health and Family Welfare. AIIMS is considered the best institution of India in the field of medicine. A few undergraduate programs offered by AIIMS are Bachelor of Medicine, Bachelor of Surgery (MBBS), Bachelor of Science, Nursing, Allied Sciences. Post graduate programs are – Doctor of Medicine (MD), Master of Surgery (MS), Master of Dental surgery (MDS), Doctorate of Medicine (DM). All undergraduate admissions would be taken up only through a single national level examination NEET-UG conducted by NTA (National Testing Agency).

  • Armed forces medical college, Pune

The Armed Forces Medical College is a leading medical training institute in Pune, India, in the state of Maharashtra. The college is managed by the Indian Armed Forces, ranked among the best medical colleges in India throughout and 34th best globally by CEO World Magazine: 2021. The Armed Force Medical College doesn’t conduct any separate entrance exam for the admission; Candidates must qualify the NEET examination to get admission. The courses offered are MBBS, post graduate courses, super-speciality, and para-medical courses. It is also a premier institute for research.

  • King George’s Medical University, Lucknow.

King George’s Medical University is a medical school, hospital, and medical university located in Lucknow, Uttar Pradesh, India. The medical school was raised to a medical university by an act passed by the government of Uttar Pradesh on 16 September 2002. Apart from the top-notch quality of education that they provide, they have one of the most beautiful campus in India. Situated in a majestic white building, the college looks nothing less than a palace. With a green lush lawn in the centre, it offers a relaxing place for the already exhausted medical students. King George V, then the Prince of Wales, laid the foundation stone of King George’s Medical College in 1906. It has four main faculties – Faculty of Medical Sciences, Faculty of Dental Sciences, Institute of Paramedical Sciences, and Institute of Nursing. The University has about 1250 undergraduate students (including 280 dental students) and 450 postgraduate students.

  • Madras Medical College, Chennai

It was established on 2 February 1835 during British Raj. It is the third oldest medical college in India, established after Jawaharlal Institute of Postgraduate Medical Education & Research and Calcutta Medical College. Madras Medical College was ninth among medical colleges in India by The Week in 2019. The College of Pharmacy was ranked 57 in India by the National Institutional Ranking Framework (NIRF) pharmacy ranking in 2020. Rajiv Gandhi Government General Hospital (RGGGH)Park Town, Chennai, Tamil Nadu Government Dental CollegePark Town, Chennai, Barnard Institute of Radiology, Park Town, Chennai, are a few notable institutes attached to this college.

Who was the First Plastic Surgeon?

Plastic surgery – the name implies an artificial substance – but it is derived from the Greek word “Plastikos” which means to mold or to give form. An important specialty has been taking shape, one that reshapes the lives of patients. So who was the first plastic surgeon?

John Staige Davis was the first plastic surgeon. He played an important role not only at his council group in Hopkins but also in the United States in the plastic surgery. He limited his practice in the field of plastic surgery in those times. He was the only plastic surgeon who was there when World War I took place.

Dr. John Staige Davis

In 1991, Dr. Davis published the first English language textbook of plastic surgery and it is still used today. He sends copies to medical school founder, doctors and at that time no one acknowledged receiving it. And though plastic surgery at Hopkins would not gain the standard they deserved until the next century, Dr. Davis was helping to build the foundation for the entire discipline of plastic surgery in America.

He used to pioneer the transferring tissue techniques known as “Z- plasty” and the use of small deep grafts to heal chronic wounds. He was the founding member of The American Board of Surgery and The American Board of Plastic surgery. Dr. Davis’s work and reputation starts Hopkins on its way to becoming a crossroad and destination for the country’s best plastic surgeons.

In 1942, John Staige Davis was part-time faculty member and was running a plastic clinic even though he was in his 70s by then and beyond his retirement age, two years from then a forth year medical student at Hopkins had the chance observe the master surgeon doing a cleft lip repair.

His successor Dr. Edgerton graduates and proceeds to work by joining the army and was serving at Valley Forge General Hospital in Pennsylvania. He was one of the few surgeon treating thousands of men coming back from combat with disfiguring wounds and burns needing plastic surgery. This horrendous war injuries united skill surgeon in their desire to heal wounded soldiers. This dynamic gave raise to a new and important speciality in medicine.

Dr. Edgerton

With the scientific foundation and tissue regeneration, transplantation, and stem cell biology plastic surgery is uniquely poised to make the next major advance in medicine. By regenerating or replacing missing body parts, plastic surgery can transform patients life in ways that could not have been imagined only recently.

John Staige Davis didn’t lived to see plastic surgery receive the recognition and support if required and deserved in the world. But his path-breaking work and clear vision allowed a greater dream to be realized.

Attention Deficit Hyperactivity Disorder

Attention Deficit Hyperactivity Disorder is one of the most common neurological development disorder. This problem is usually common in childhood but it may last till adulthood as well. Children with ADHD find difficulty in concentrating, might make impulsive decisions, and even be overly active. This neurological disorder can be seen between as early as 3 to 6 years of age. This can continue till adulthood. Adults when are left undiagnosed may have a history of poor academic performance, problems at work, or failed relationships. Though it is a quite common problem still not many people give importance to ADHD. To avoid future problems for your child it is important to treat this issue. But for the treatment, one should be aware of the signs and symptoms. 

Signs and Symptoms of Attention Deficit Hyperactivity Disorder

ADHD Symptoms | Kids World Fun Blog

Majorly ADHD has 3 key symptoms. Some people might possess only one of the symptoms while some may have more. Generally, children have combined types of ADHD. Preschool children with ADHD are usually hyperactive. Inattention, unfocused motor activity, or impulsivity is normal but ADHD people find it quite often and more severe. 

Now let’s understand the 3 key symptoms distinctly.


  1. easily distracted
  2. unable to follow directions or complete the tasks assigned
  3. don’t pay attention, don’t listen, and make careless mistakes 
  4. easily forget about daily activities, and are unorganized
  5. don’t like sitting still and tend to lose things quite often


  1. can’t sit quietly
  2. don’t play calmly
  3. always running, climbing, or doing things that demand hyper activeness
  4. excessive talking
  5. always ready to do work
  6. lack patience 
  7. causes interruption

Adulthood symptoms

  1. are often late and easily forget things
  2. anxiety, mood swings, and depression
  3. unorganized, trouble at work, unable to control anger and easy frustration
  4. make impulsive decisions and easily gets boredom
  5. addictions, depression, and relationship problems
  6. Unable to concentrate while reading

Causes of Attention Deficit Hyperactivity Disorder

Generally, ADHD tends to run in family bloodline. As a result, it is present in the genes of a child as well. Unbalanced release of brain chemicals is another cause of ADHD. Areas of the brain that are responsible for controlling brain actions are less active in these children. Lack of nutrition, infections, smoking, drinking and substance abuse during pregnancy can affect the baby. Toxins such as lead can affect a child’s brain development. Problem with the frontal lobe of the brain results in uncontrollable impulses and emotions. 

How to treat Attention Deficit Hyperactivity Disorder?

Naturopathic Treatment Options for ADHD – Naturopathic Doctor News and  Review

According to the research, the multimodal approach is considered the best way to treat ADHD. This method includes multiple approaches for treatment. It is very important to keep close contact with doctors, teachers, parents, and therapists. Medications are available to treat hyper activeness, impulsive behavior, and improve attention span as well. Though there are some controversies regarding the overuse of these medications. This is because mostly stimulants are commonly prescribed medicines for this purpose.

Final words

To conclude, Attention Deficit Hyperactivity Disorder is an important issue. We must not ignore this problem and give proper treatments at an early stage of life so as to avoid future problems in your child. With proper treatment and medical care, a child can easily and entirely overcome this issue. Without treatment, it is difficult for children to develop social skills. Adults find troubles in relationships and can even get addict to substances. 


Medical Negligence And Law In India - An Analysis - iPleaders


With the advancement of technology, many incurable diseases are now curable. Not only this but now people live longer than the earlier times as there are several developments in the field of medicine. With the time medicines and technology has changed but one thing that hasn’t changed is Medical Negligence. Even now, when we promise best medications and facility to patients, there are a number of evident cases which bring to our notice the medical malpractice that prevails in the recent times. Every practitioner possessing some skill owes a duty to the one he provides service to. Often, due to the carelessness of the practitioner this duty is breached on his part and as a consequence thereof the consumer suffers an injury/damage/loss.

A shocking fact is that even with advance technologies, cases of negligence haven’t decreased to a noticeable extent. The most vulnerable person in the relation is the patient who expects to get treated but instead suffers a greater loss. In the crucial time of covid-19 pandemic, it is essential to note that the practice can be proved harmful o he citizens of our country. The virus is contagious and can spread from one to another quickly if not brought under control. But the number of increasing cases tells us a different story; it gives us the evidence of poor management and medical facilities. This research paper aims to focus on the concept and cases of medical negligence in light of current scenario of pandemic.

Keywords: Negligence, Medical Negligence, Duty, Liability, Covid-19, Compensation, Injury.


When one person owes duty to the other and commits a breach of the same which results damage to the other, the person is said to commit negligence. Medical Negligence refers to negligence committed by a professional in the field of medicine. A Medical Practitioner at general needs to maintain a standard of care and in case they fail to do the same, they are liable for the damage made. The concept of medical negligence has developed to punish the wrongdoer and bring justice to the person who has suffered loss due to negligent behavior  of the latter. Negligence is punishable under many laws including Tort, Contract Act, Consumer protection Act and the IPC.

By the years, numerous patients have died, had permanent injuries, miscarriage, disablement and more due to the medical negligence of a professional. A patient is a consumer and expects necessary care to be practiced by the professional. However not every harm caused to patient during treatment is punishable or result of a negligent behavior. A professional is liable only to the extent to which the skills of a person in that field are considered reasonable. A doctor is expected to provide services which heal the patient and makes him/her physically fit. He is required to have the necessary skills and knowledge for the purpose and exercise reasonable degree of care. The standard of skills and care depends upon the qualification of the person. A doctor is expected to have more skills than an average nurse may have. Medical practice falls under the ambit of services, the Supreme Court in the case Indian Medical Association v. V.P. Santha explained[1]:

“Services rendered to a patient by a medical practitioner (except where the doctor renders services free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis and treatment, both medicinal and surgical, would fall within ambit of service as defined in Section 2(1)(o) of the Act”.

Medical Negligence is a serious issue and has been prevalent irrespective of the time. A person with no knowledge and skills that are required to treat a particular injury or disease is expected to commit negligence. The harm caused can vary from a temporary disability to death of the person. Generally, doctors indulge in activities like wrong treatment, overdose of medicines, carelessness about the health and capacity. If a patient suffering from Hepatitis and Jaundice gets a surgery without getting initial checkup for diseases and gets into even more serious condition that could even result into death if gets more serious, the doctor is liable for the negligence.[2] In such cases the doctors are liable for medical negligence in the treatment of patients and shall compensate or even be punished for the same.


The idea of medical negligence is around many years old. The Babylonian lords Hammurabi present a law against the doctors whose patient loses an eye. The discipline for such acts of neglect was to cut the hand of the doctor or specialist. Indeed, even the Egyptian and Roman law had such comparable arrangements for clinical acts of neglect causing demise or genuine wounds to the patient.[3] During British rule, English custom-based law was presented in the organization of equity in India. Mr. Wheeler, 555 individual from committee, Sea client and boss Justice of choultry in Chennai kicked the bucket because of utilization of wrong prescriptions. Dr. Samuels were attempted and absolved by the fantastic Jury when the Bill of Ignoramus[4] was acquired. Before the presentation of the Constitution of India 1950, countless English standards of law of misdeeds were followed and applied by the Indian courts.

The very first case at any point recorded under English law was in year 1374 against a specialist J. Mert; the opposite party had a physical issue in his hand because of wrong treatment. In USA, the primary case was recorded was in the year 1794, the case is known as Dr. Cross v. Guthrie[5]. For this situation patient’s significant other sued Dr. Cross, a doctor after the patient passed on because of postoperative mastectomy (bosom expulsion medical procedure) inconveniences three hours after activity. The remuneration of 40 pound was granted to defendant party.

In Kautilya’s Arthashastra, the laws relating to weight and measures at that time are depicted. Similarly, Yajnavalkya has given his views on weights and measures and adulteration of food, punishments with regard to it in Yajnavalkya samhita. Main provisions of Yajnavalkya samhita cover transactions related to sale and purchase. It also has regulations related to the sale of sample. He took into account the hard conditions faced by the purchaser and framed rules for their protection by giving them time to judge the utility of goods purchased and giving them the right to return goods. One fine elaborative mechanism of pricing policy and profit ratio charged by traders on the sold goods has been prescribed in the samhita. He also developed a concept of constructive theft. It includes the widespread deceitful practice of goldsmiths. The malicious practices ornament makers were prevalent in the ancient times as well and in order to protect the consumers from the same he (Yajnavalkya) prescribed certain standard norms. These norms included rules regarding ornaments so that the goldsmith cannot claim on great wastage and in case they do, they will be punished for the same.

The Indian common law on negligence basically is the appointed authority made custom-based law followed in England for quite a long time. In the lead of hearings, the law considers an assortment of levels of capability, and in this manner an assortment of guidelines, as long as the level of skill which can be normal from any given proficient is promptly obvious from his specific capability for example that he is an overall specialist as opposed to a pro. Be that as it may, each expert must accomplish a satisfactory degree of basic competence. When assessing whether or not a professional has been negligent, the courts will normally use as their benchmark the common practice within the relevant profession. However, where they consider that a profession adopts an unjustifiably lax practice, they may condemn the common standard as negligent.[6]


Meaning of Negligence

Eminent jurists and judges have exclaimed that there are many meanings to negligence. The Apex Court in the case of Jacob Mathew v. State of Punjab[7] stated,

“Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.”

In usual meaning, negligence means carelessness towards something but in legal language it is the breach duty to exercise a certain standard of care that has resulted in some sort of injury. In the case of negligence the injury is generally foreseeable, hence a man, in order to prevent any harm or injury is expected to be preventive in his actions. There are cases when a man is careful but not accordingly to the situation which may also result in injury. If a person boards a train which has just started moving but forgets to close the door of the boogie, it creates danger for the people standing on the platform. And if a porter standing on the platform gets injured, the latter is liable for his carelessness as it is a duty of the boarding people to close the door as to prevent any injury to others.[8]

Medical Negligence

Professionals in the law of negligence are lawyers, doctors and architects. Professing a special skill requires adequate practice and knowledge of the task undertaken. This is the reason a medical practitioner is said to ‘practice medicine’, even if the field requires proficiency a lawyer or doctor doesn’t assure his clients of 100% success. The only assurance that can be given is that the person is proficient in the required skill and while undertaking the certain task will handle it with reasonable competence.[9]The Apex court held that a person can be held liable for negligence on two findings, ‘either he was not possessed with the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess’.

“In my opinion, our health care system has failed when a doctor fails to treat an illness that is treatable.”  – Kevin Alan Lee.

In the case Indian Medical Association v. V.P. Santha[10], the judges explained the difference between “occupational liability” and “professional liability”. They state that a profession consists of success and failures and those we cannot expect the doctor or medical practitioner to always have success in every case. The liability can only be decided on analyzing the case as the standard of care differs from case to case. A case of patient suffering from flu requires less care than a person suffering from cancer. Also the possibility of healing also depends on the case and its severity. In M/s Spring Meadows Hospital v. Harjot Ahluwalia[11], the Court observed, that the judgment depends on case to case. If the error made by the person in charge would not have been made by an ordinary person competent and skilled to the same extent as the defendant acting with reasonable care, he must be held negligent. While if the error made by him could have been made by an ordinary person in the same situation he must not be held negligent. A homeopathic doctor giving allopathic medicine which causes the patient’s death has been negligent and is liable to compensate as he was entitled to practice homeopathy only.[12]

Also, the term accident should not be confused with the consequence of negligence. Accident has a wider meaning. An accident means an unintended and unforeseen injurious occurrence; something that occurs in the usual course of events or that could not be reasonably anticipated.[13]

Res ipso loquitur[14] in Medical Negligence

The principle of res ipso loquitur is also applicable in the field of medical negligence. If the accident occurred would not have occurred if the management would have taken essential care and preventive measures, it proves to be an evidence for the liability. In such cases the management or the servants have been negligent towards their duties which resulted in the injury caused to the patient. In the case of Ashish Kumar Mazumdar v. Aishi Ram Batra Charitable Hospital Trust,[15] the patient has fallen out of the window of a hospital room, which clearly showed the negligence of the hospital staff. A three-judge bench of the Supreme Court applied the principle of res ipsa loquitur held the hospital liable for the absence of duty of care.


Negligence is the breach of a duty that a person owes to the other, caused by an omission which an ordinary man guided by the considerations of human conduct would not do; and the breach has resulted into an injury or damage to the person. Negligence has three essential components: ‘duty’, ‘breach’, ‘damage’.

The duty of care owed to the plaintiff;

The breach of duty on the part of defendant;

The damage caused to the plaintiff as a result of the breach.

Duty of the Doctor to attend a patient

If a doctor does not care to attend a patient in need to be admitted or attended the doctor will be held liable to compensate for any kind of loss that the patient suffers. There are many cases in which due to the non availability of the doctor at the time a patient has to suffer great injuries and even death. It was held inSishir Rajan Saha v. The state of Tripura[16]  that if a doctor is not available to attend a patient he will be liable for the damage caused. In the recent case, the petitioner’s son met an accident while coming to Udaipur from Agartala on scooter. He was admitted to the G.B. Hospital, Agartala in the emergency ward. The senior doctor, Dr. P. Roy who was a specialist in the field wasn’t available in the hospital at the time. He was continuously contacted and called to the hospital but chose to ignore as he was busy attending his patients in private. As a result the patient gave in to his injuries and died. The Court held the doctor liable to compensate Rs. 1, 25,000 to the father of the deceased. The Court also directed the Government hospitals to upgrade their services.

Duty of care

When a doctor attends his patient, he owes certain duties towards the patient:

  1. A duty in deciding whether to take the case,
  2. A duty in deciding the kind of treatment to give,
  3. A duty of care in the administration of the treatment.

In Dr. Lakshman Bal Krishna Joshi v. Trimbak Bapu Godbole[17], the respondent’s son who was 20 years old met an accident on a beach and as a result femur of his left leg was fractured. He was taken to the appellant’s hospital and during the treatment of reducing the fracture; the appellant gave him a single dose of morphia injection instead of giving an anesthetic. He used excessive force in handling the fracture and pulled the injured leg with three attendants. Then he put his leg into plaster of paris splints. The treatment gave a shock to the patient and as a consequence thereof he died. The doctor was held guilty of negligence by the Supreme Court.

In the recent case, the court held, “The petitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor the very low degree of care and competence judged in the light of the particular circumstance of each case is what the law requires. The doctor, no doubt, has discretion in choosing treatment which he proposes to give to the patient and such discretion is relatively ampler in cases of emergency.”

In the case of Jagdish Ram v. State of H.P.[18], it was held that ‘ Before performing any surgery the chart revealing information about the amount of anesthesia ad allergies of the patient should be mentioned so that an anesthetist can provide ample amount of medicines to the patient’. The doctor in this case gave an overdose of anesthesia to the patient and as a result thereof the patient dies. The doctor was held liable for the negligence on his part.

Thus, a treatment found to be not in accordance with medical protocol would be a case of medical negligence.[19] The doctor cannot be made liable for negligence in case when things have gone wrong. But if a doctor fails to provide medication necessary to the treatment and health of the patient, no one but the doctor is to be held liable for the act.


With the COVID 19 pandemic surrounding the globe and in excess of 2 million active instances of the same, the caring administrations by the medical experts is the main redeeming quality going with the careful steps that are the duty of the considerable number of citizens. Be that as it may, the security of the residents is being taken consideration by the clinical organization yet what it involves for the clinical clique who is over and over being blamed for negligence in discharge of average duty. On one hand the medical practitioners are being hailed as ‘Corona warriors’ but on the other hand, with the increase in cases wouldn’t there be a increase in negligence?

India had only 111 Covid-19 testing   centers to deal with a population of 1.35 billion people. This accounts to the medical negligence of the practitioners along with the hospital administrations especially at a time when every state is trying to reduce the number of cases. The number of beds available in the hospitals is comparatively less and as a result the citizens are dependent on understaffed and under-funded state run health facilities for COVID 19 diagnosis and treatment. This is a serious issue as people do not believe on the state authorities. A lady who was quarantined after her Spain visit states that there is a lack of basic amenities in the hospitals. People fear to come forward as they doubt the skills of the administration to treat their disease. Global health experts claimed that India does not have enough infrastructure and other facilities to face the pandemic. The claim nearly became evident with the increasing number of cases in India. Not only hospital authorities but the government has been lacking service, testing is another major concern. India has performed a little over 100,000 tests — a rate of nearly 47 tests per million people compared with 4,572 tests per million in the U.S., 2,753 tests per million in the U.K, and 8,800 per million in South Korea[20]. At present, India is not adequately testing to identify new cases, which might be hiding the true number of cases. An incident of severe medical negligence was noted when the Patna All India Institute of Medical Sciences (AIIMS-P) handed over the body of a COVID-19 positive patient to his family members.

In the midst of the vulnerability made by the COVID-19 pandemic, the judiciary remains the sole symbol of would like to review the worries of residents oppressed by the absence of satisfactory medical framework and the rising occasions of clinical negligence. There is trust that vital estimates will be taken by the Supreme Court, to safeguard the confidence and any expectation of the individuals.


Medical Negligence is, by and by, a hard issue to set up. On the off chance that negligence cases result from the current emergency, they will be tried comparable to target norms of care. The courts will think about the real factors and conditions of the case, including that the medicinal services staff were acting in an emergency. Considering past cases and the law’s methodology, the significance of clinical rules, conventions, staff preparing, ability appraisal, and enlistment expect a fundamental centrality, and all means should be completely reported. Documentation of steps taken in every one of these issues will demonstrate pivotal in safeguarding any cases brought. In any case, the COVID 19 is a phenomenal occasion and the relevance of the above laws in such conditions of most extreme criticality and affectability stays to be questionable. After the lockdown ends it would be unmistakable component of the lawful framework to observe such case emerging out of clinical carelessness in taking care of crown positive patients.

It isn’t expressed that specialists (doctors) are careless or reckless, however while carrying out a duty which requires a great deal of knowledge and care, regularly numerous experts fail to perform their duty towards the patient. Medication which is perhaps the noblest profession requires setting a domain which can profit the victims of different diseases. Numerous specialists even the expert in some cases dismisses little things to be dealt with while practicing which may bring about harms to the patients that could have been maintained with a permanent disability from that time or even the demise of the patients.

This type of negligence makes patients more prone to harm than to heal. And to avoid these sorts of accidents, prevention and careful behavior of doctors is important. The most prevalent way of doing this is relevant laws and statutes to ensure a patients well being. In a case where a US-based doctor who was Indian from origin lost his 29-year-old wife who was a child psychologist during their visit to India fifteen years ago. The Supreme Court asked the Kolkata-based hospital and three doctors to pay over Rs 11.41 crore[21]. “A bench of justices C K Prasad and V Gopala Gowda arrived at a figure of Rs 6.08 crore as compensation after considering aspects such as loss of consortium, pain and suffering and the cost of litigation.”

Another such case was noted where the Apex Court awarded a compensation of 1.8 crores to a women who had lost her eyes in 1996.[22] Cases like this are evidence of the medical malpractice in India. The government requires making strict rules to prevent the same, so that the justice prevails. People of India should be provided with adequate medical facilities, hygiene and sanitation. Laws should be strict for not only medicine but for all such professions to maintain a certain standard of care and prevent breach of duty.

[1] (1995) 6 SCC 651.

[2] AIR 2012 M.P. 21

[3] Tapas Kumar Koley, Medical Negligence and Law in India.

[4] “We are ignorant”. This was the word used by the grand Jury to discuss a bill of indictment and was used in the sense of not a true bill or not found. available at : Last visited on March 12,2018)

[5] 2 Root 90 (Conn. 1794)

[6] Edward Wong Finance Co Ltd v. Johnson, Stokes, [1984] AC 296

[7] AIR 2005 S.C. 3180

[8] Booker v. Wenborn (1962) 1 W.L.R. 162.

[9] Jacob Mathew v. State of Punjab

[10] (1995) 6 SCC 651.

[11] (1988) 4 S.C.C. 39.

[12] Poonam Verma v. Ashwin Patel and Ors. (1996) 4 S.C.C. 332

[13] Black’s Law Dictionary, 7th edition

[14] The principle that the mere occurrence of some types of accident is sufficient to imply negligence.

[15] AIR 2014 S.C. 2061.

[16] AIR 2002 Gauhati 102.

[17] AIR 1989 185

[18] A.I.R. 2007 (NOC) 2498 (H.P.)

[19] Malay Kumar Ganguly v. Sukumar Mukherjee AIR 2010 S.C. 1162.



[22] Krishna Iyer v. State of Tamilnadu and Others, 2015 STPL(Web) 1239 SC