{"id":13014,"date":"2025-12-16T13:38:35","date_gmt":"2025-12-16T13:38:35","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=13014"},"modified":"2025-12-16T13:50:09","modified_gmt":"2025-12-16T13:50:09","slug":"required-higher-judicial-threshold-to-adjudicate-medical-negligence-urgent-need-of-reforms-to-protect-licensed-physicians","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/required-higher-judicial-threshold-to-adjudicate-medical-negligence-urgent-need-of-reforms-to-protect-licensed-physicians\/","title":{"rendered":"Required Higher Judicial Threshold To Adjudicate Medical Negligence: Urgent Need Of Reforms To Protect Licensed Physicians"},"content":{"rendered":"\n

<\/span>Abstract<\/span><\/h2>\n\n\n\n

Medical negligence litigation in India has increasingly exposed licensed physicians to the risk of criminal prosecution and civil liability under standards that remain inconsistently applied. Landmark Supreme Court judgments such as Jacob Mathew v. State of Punjab<\/em> and Martin D\u2019Souza v. Mohd. Ishfaq<\/em> sought to establish safeguards against frivolous or ill founded claims, emphasizing the need for judicial restraint and reliance on expert medical testimony. Yet, in practice, lower courts often bypass these thresholds, resulting in undue harassment of practitioners and erosion of professional confidence.<\/p>

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