Law of Medical Negligence and Compensation

The law of medical negligence, developed mainly by way of judicial pronouncements in England, is invoked for speedy and inexpensive remedy by way of recovery of damages through the consumer courts in India, set up under the Consumer Protection Act 1986. The cardinal principle of liability, as Lord Macmillan puts it, is that the party complained of should owe to the party complaining a duty to take care, and that the party complaining should be able to prove that he has suffered damage in consequence of a breach of that duty.