Since time known to man, the person who could heal the sick and show the way to the weak was kept on par with God. Nothing done and nothing given could ever be considered more if it was given to the person who could cure the ailing. His profession was one of the God’s. His was the noble profession. His decision was the final and binding. Neither the king nor the common citizen could question his wisdom. If something went wrong, it was because God willed and no blame could be attached to the medicine man because he had always healed.

Today, we call the medicine man as a doctor and the times have changed. This doctor is not exempted from the challenges that arise of legal problems that often crop up during his practice. These are normally in the form of cases filed against them in consumer forums alleging medical negligence. This is especially so because there exists a belief that doctors are expected to take reasonable precaution and care while treating the patient, and when something untoward happens it is only because of the negligence in the part of the doctor.

The consumer protection act was established in 1986 and a judgement by the Supreme Court of India in 1995 made it clear that the service rendered by a doctor comes under the purview of this act. District forums, State forums and the National Commission has also been established. About 500 doctors were interviewed to analyse and understand the legal problems faced by them, their concern, their need, their views about the present consumer protection act and their expectation out of a book relating to medical negligence. In this book an attempt has been made to collect case laws, that were decided in favour of doctors where there were allegations of medical negligence.

During emergencies like heart attacks, life threatening injuries and diseases wherein quick decisions have to be taken, doctors take decision based on their experience in the field of medicine for several years in order to avoid any unfortunate happenings to life and disability. There can be instances of failure due to such decisions taken by the doctors. The consumer forums play a major role to ascertain whether the decisions taken by the doctors are right or wrong. Doctors can only do their best at the given critical time and the resulting events may not be favourable.

This book contains case laws from the inception of consumer protection act of 1986 till December 2003. It also covers the various problems faced by doctors like the psychological threat they undergo and the practical difficulties they face while taking up some risky medical cases. This book will act as a support to the doctors by helping them in reciting cases that have been held in favour of doctors. It illustrates various circumstances where a doctor cannot be held responsible when he has done his duty to care with due diligence and has taken all precautionary measures to safeguard the life of the patient. Doctors need not become disabled in the hands of the law even if there is no negligence and absence of duty to care on the part of the doctor.

This book assures all medical practitioners that they need have no fear of the law, only they need to be careful during practice. Many of the cases in the book will be similar to some of the situations they come across during their practice. In such situations they could get solace from the book that nothing is lost as they can quote similar cases that went in their favour.