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IPEM Journals/Law/Vol. 8

MEDICAL MALPRACTICE IN INDIA: WITH SPECIAL EMPHASIS ON REPRODUCTIVE RIGHTS OF WOMEN

Dr. Monica Narang · Ms. Ashna Bhasin

Vol. 8, Issue 1 (2024)Pages 52-63Published 2024-12-30

Abstract

Faith and trust are the cornerstones of a doctor-patient relationship. A reasonable standard of care is the foundation of the fundamental right to health that is equally available to women as that to men as per Indian laws. However, conversely medical misconduct has grown to be a significant problem in India. It is a legal cause of action that develops when a medical practitioner harms a patient by departing from accepted professional standards. It has increased by 400% in India over the past ten years, according to a new report conducted by the National Law School of India University in Bangalore. People rush to the physicians and put their unflinching trust in them in a world where health is a priority but the question arises that has this trust began to be eroded? Understanding that women frequently have a different, more inferior or disadvantageous status than men in societal and familial conte/ts is the foundation for ethical sensitivity in reproductive health. This relates to the various social and economic roles that women typically play, such as taking care of small children, elderly and disabled family members, rather than actively participating in social, economic, and political life. Men hold the majority of the authority and influence in a patriarchal society, family or institution. Women become victims in such a culture for apparent reasons. Women can only obtain certain human rights when they are able to e/ercise their right to procreate. A wide range of human rights, including the rights to life, liberty, and security, health, non-discrimination and equality, privacy, and freedom from torture and other cruel treatment, are contingent upon the fulfillment of reproductive rights. The term "right to reproductive choice" refers to a woman's ability to decide whether or not she wants to procreate, as well as her ability to carry or end an undesired pregnancy and selects the family planning and contraception technique that best suits her needs and above all receive adequate health care. Clinical practitioners should uphold these rights as a matter of medical professionalism, ethics and competence. To guarantee that female patients are not perceived through presumptions and stereotypes that violate or reject their reproductive rights to which they are morally entitled.

Author affiliations

  • Dr. Monica Narang, Associate Professor, The Law School, University of Jammu
  • Ms. Ashna Bhasin, Research Scholar, Department of Law, University of Jammu

How to cite

Dr. Monica Narang, Ms. Ashna Bhasin, “MEDICAL MALPRACTICE IN INDIA: WITH SPECIAL EMPHASIS ON REPRODUCTIVE RIGHTS OF WOMEN,” IPEM Law Journal, vol. 8, pp. 52–63, Dec. 2024, doi:

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