Dr. S.G. Kabra’s book, Medical Negligence and Judicial Overreach, is a ground breaking exploration of the intersection between medical malpractice laws, judicial intervention, and the emerging role of Artificial Intelligence (AI) in legal and healthcare systems. The book critically examines how courts handle medical negligence cases, often leading to accusations of judicial overreach, while also proposing AI as a potential tool for fairer, data-driven decision-making.
Key Themes Discussed:
1. Medical Negligence Laws in India – The book delves into the legal frame work governing medical negligence, referencing landmark judgments such as Jacob Mathew v. State of Punjab (2005), which set guidelines for prosecuting doctors. Dr. Kabra highlights the fine line between genuine medical errors and criminal negligence.
2. Judicial Overreach in Healthcare – A major concern addressed is whether excessive judicial interference demoralizes doctors, leading to defensive medicine. Courts sometimes misinterpret medical complexities, resulting in unfair rulings against healthcare professionals.
3. Role of AI in Reducing Bias – The most innovative aspect of the book is its discussion on AI’s potential to analyze medical negligence cases objectively. AI can assist in:
• Reviewing medical records for errors.
• Predicting negligence patterns using data analytics.
• Reducing human bias in judicial decisions.
4. Ethical and Legal Challenges – While AI offers solutions, Dr. Kabra also warns about accountability issues—can an algorithm replace human judgment in complex medical-legal disputes?
USP:
This book is a must-read for doctors, lawyers, and policymakers, offering a balanced view on medical negligence while advocating for AI-assisted reforms in judicial processes. Dr. Kabra’s work bridges law, medicine, and technology, making a compelling case for a more evidence-based approach to medical litigation.
Dr. Tapas Kumar Koley
MBBS, MD Internal Medicine, Author of Oxford’s textbook of Medical Negligence
and the Law in India: Duties, Reponsibilities, Rights.
Consultant in charge, Department of Internal Medicine, Manipal Hospital, Dwarka.
Preface v
Foreword vii
About the Book ix
Acknowledgement xi
1. Standards of Practice in Codified Medicine 1
2. Qualified Medico-Legal Experts Need Recognition to Help Practice Legal Medicine 12
3. Adjudicating Medical Negligence under the Codified and the Uncodified Law: Inherent Conflict 21
4. Medical Negligence: Offence and Liability 32
5. Need to Develop Medical Defense Councils 38
6. Demonizing Doctors through Ill-informed Medical Negligence CPA Decisions 47
7. Legal Overreach for Patient Autonomy Corrodes Professional Autonomy 60
8. Criminalizing Medical Practice after Professing to Decriminalize it 71
9. Consent and Medical Negligence 81
10. Case Laws on Good Faith Exemption from Medical Negligence 88
11. Good Faith Exemption from Criminal Liabilty 97
12. Adjudicating Medical Negligence Cases for Civil and Criminal Liability 117
13. Health care is not included in CPA 2019 130
14. Sonography for Fetal Well-being: Risk and Liability 139
15. Mortality Audit: Principles and Practice 151
16. Adjudicating in an Orphan Disease for Medical Negligence 164
17. Terminal Cancer: Ethico-Legal Dilemma: A Case Study 176
18. Ethico-legal Issues in Abortion 193
19. An Open Case of Tuberculosis with Closed Options 216
20. Relevance of Legal & Valid Consent in Healthcare 226
21. In Medical Practice, Ethics are Laws: Pose Challenge in Realtime Situations 247
22. Tested HIV Positive: Ethico-Legal Obligations and Risks 265
23. Unjust Legal Rulings Poison Medical Practice 284
24. Surrogacy Contract as an Alternative for Parents Forced to opt for MTP 297
25. Will to Die with Dignity 311
26. Two Major Woes that Plague Doctors in India 319
27. Plight of a Lady after Artificial Insemination: Ethico-Legal Dilemma 325
28. Vent-Dependent Kids, Unpaid Bills: Ethical Dilemma 332
29. Triage for Admission to the Intensive Cardiac Care Unit: AI Debate 339
30. A Critical Analysis of Criminal Liability for Medical Practitioners 345
31. Statutory Stipulations that Protect from Medical Negligence Liability 352
32. Balancing the Scales: Medical Autonomy and Legal Accountability under BNS Sec 25, 26, and 30 365
33. Relevance of Life-threatening and Life-limiting Spectrums of Diseases in Medical Negligence Jurisprudence 383
Index 398