Call for Chapters | Medical Negligence in India

About the Volume

About the Book

Medical Negligence in India: Evolving Jurisprudence and the Bharatiya Nyaya Sanhita is a comprehensive proposed academic volume examining the changing legal landscape surrounding medical negligence and healthcare liability in India. The book seeks to bring together contemporary perspectives on the civil, consumer, criminal, procedural, evidentiary and technological dimensions of medical negligence, with particular emphasis on India's new criminal-law framework.

The book begins with the anatomical framework of medical duty, examining the evolution of medical jurisprudence in India from traditional tort principles to consumer protection. It explores the standard of care through the Bolam and Bolitho principles, informed consent and bodily autonomy, institutional and vicarious liability of hospitals and healthcare administrators, and the compensation framework under the Consumer Protection Act, 2019.

The second part focuses on the criminal paradigm of medical negligence following the transition from the Indian Penal Code to the Bharatiya Nyaya Sanhita (BNS). It examines the transition from Section 304A IPC to Section 106(1) BNS, the special treatment of medical practitioners under the BNS, mens rea and gross negligence, the continuing relevance of the Jacob Mathew standard, and the distinction between medical negligence and culpable homicide. It also considers criminal defences such as good faith, necessity and accident in medical practice.

The third part addresses procedural rigor, investigation and evidence. It considers the investigation of medical malpractice, FIR and arrest guidelines under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the role of prosecutors and medical boards, the doctrine of res ipsa loquitur, expert witnesses and medical evidence under the Bharatiya Sakshya Adhiniyam (BSA). It also examines electronic medical records and digital evidence within the emerging statutory framework.

The final part turns toward specialized and emerging areas of medical negligence — negligence in surgery, obstetrics and anaesthesia; statutory intersections involving the MTP, PCPNDT and Clinical Establishments Acts; liability in clinical trials and experimental therapies; and the growing legal challenges associated with telemedicine. Significantly, the book concludes its proposed framework by examining artificial intelligence in medical diagnostics and the question of liability when an algorithm fails.

The proposed volume aims to provide a multidisciplinary platform for examining how Indian law is responding to changing healthcare practices, evolving standards of professional responsibility and technological developments. It is particularly relevant to law students, researchers, PhD scholars, academicians, legal practitioners, healthcare professionals and interdisciplinary researchers interested in medical law, healthcare regulation, criminal law, consumer protection and emerging legal technologies.

Who Can Contribute?

🎓

Students (PG / LL.M / PhD)

🔬

Researchers & Scholars

👨‍🏫

Academicians & Professors

⚖️

Legal Practitioners

🏥

Healthcare Professionals

🌐

Interdisciplinary Researchers

Chapter Index

20 Chapters Across 4 Parts

Part I — The Anatomical Framework of Medical Duty (Civil & Consumer)

Ch. 1 The Evolution of Medical Jurisprudence in India: From Tort to Consumer Protection
Ch. 2 The Standard of Care: Bolam, Bolitho, and the Indian Judicial Trajectory
Ch. 3 Informed Consent and Bodily Autonomy: A Constitutional and Ethical Mandate
Ch. 4 Institutional Liability: Vicarious Liability of Hospitals and Healthcare Administrators
Ch. 5 The Consumer Protection Act 2019: Deficiency of Service and the Compensation Matrix

Part II — The Criminal Paradigm: Transitioning to the Bharatiya Nyaya Sanhita (BNS)

Ch. 6 Re-evaluating Rash and Negligent Acts: Section 304A IPC vs. Section 106(1) BNS
Ch. 7 The Medical Practitioner Carve-Out: Analyzing the Leniency Provisos in the BNS
Ch. 8 Mens Rea and Gross Negligence: Upholding the Jacob Mathew Standard in the New Era
Ch. 9 Drawing the Line: Distinguishing Medical Negligence from Culpable Homicide
Ch. 10 Criminal Defenses in Medical Practice: Good Faith, Necessity, and Accident under the BNS

Part III — Procedural Rigor, Investigation, and Evidence

Ch. 11 Investigating Medical Malpractice: FIRs and Arrest Guidelines under the BNSS
Ch. 12 The Role of the Prosecution and Medical Boards in Establishing Prima Facie Negligence
Ch. 13 The Doctrine of Res Ipsa Loquitur: Shifting the Burden of Proof in Medical Mishaps
Ch. 14 Expert Witnesses and Medical Evidence: Admissibility and Cross-Examination under the BSA
Ch. 15 Electronic Medical Records and Digital Evidence: The New Statutory Mandates

Part IV — Specialized Contexts, Statutory Tensions, and Emerging Frontiers

Ch. 16 Negligence in Specialized Branches: Surgery, Obstetrics, and Anesthesia
Ch. 17 Statutory Violations and Malpractice: Intersections with the MTP, PCPNDT, and Clinical Establishments Acts
Ch. 18 Liability in Clinical Trials, Research, and Experimental Therapies
Ch. 19 Telemedicine and the Law: Jurisdictional and Standard of Care Challenges
Ch. 20 Artificial Intelligence in Diagnostics: Who is Liable When the Algorithm Fails?

💡

Submission Scope

Contributions may address any of the above themes or any related interdisciplinary area. Authors are not restricted to the listed chapter titles — original perspectives and emerging issues within the broad scope of medical negligence law in India are welcome.

Submission Guidelines

What to Include

📝

Word Limit

5,000 – 8,000 words (including footnotes). Abstract of 250–300 words with 5–6 keywords.

📐

Formatting

Times New Roman 12pt, 1.5 line spacing. Footnotes in Times New Roman 10pt. OSCOLA / Bluebook citation style preferred.

🔍

Plagiarism Report

Maximum 10% plagiarism. Attach Turnitin / iThenticate report with submission.

🤖

AI Content Report

An AI-generated content report (e.g., GPTZero or similar) must be submitted alongside the manuscript.

👤

Author Details

Full name, designation, institution, email, phone, brief bio (100 words), and passport-size photograph.

📄

File Format

Submit in MS Word (.docx) format. Do not submit PDFs. File name: AuthorName_ChapterTitle.docx

✅

Originality

Contributions must be original, unpublished, and not under review elsewhere. Co-authorship (max 2 authors) is permitted.

💳

Registration Fee

₹ 100 registration fee at the time of submission. On selection by experts: ₹ 700 (includes courier of published book).

Book Editors

About the Editors

Dr. Vandana Singh

Senior Assistant Professor · Faculty of Law, DDU Gorakhpur University

M.A. (Economics), LL.M., UGC-NET Qualified, Ph.D. (Labour Law), with over 13 years of teaching experience in legal education. Author of Cyber Law and Information Technology and Legal Education: Principles, Practices and Research Methodology. She has also contributed an edited book on Labour Law and authored a textbook on Women’s Law. She has published several research papers and book chapters in reputed journals and edited volumes and actively participates in national and international seminars and conferences.

Labour Law Cyber Law Legal Education DDU Gorakhpur

Dr. T.N. Mishra

Assistant Professor · Faculty of Law, DDU Gorakhpur University

Ph.D. (2012) on the topic of Capital Punishment from Gorakhpur University. 23 years of teaching experience. Specialises in Criminal Law and Law of Torts. Author of 3 books and over 30 published research papers in reputed journals and edited volumes.

Criminal Law Law of Torts Capital Punishment DDU Gorakhpur

Dr. Alok Kumar

Assistant Professor · Department of Law, DDU Gorakhpur University

LL.M. and Ph.D. (2022) from Bundelkhand University, Jhansi — thesis: "A Critical Analysis of the Right to Food in India: A Socio-Legal Study." Over 8 years of teaching experience. Specialises in International Law, Human Rights and Criminal Law. Author of 1 book and more than 8 published research papers.

International Law Human Rights Criminal Law DDU Gorakhpur

Fees & Publication

Registration & Publication Fees

Step 1

Registration Fee · Mandatory at Time of Submission

₹ 100

Registration Contribution

A non-refundable registration and processing fee of ₹ 100 is payable by all contributors at the time of submitting the manuscript. The payment is to be made via the secure link below prior to submission.

I confirm that I have paid the Registration Fee of ₹ 100 via the payment link above, prior to submitting my manuscript through the Google Form.

Step 2

Publication Fee · On Expert Selection Only

₹ 700

Publication + Complimentary Book Copy

Payable exclusively upon receiving written communication of selection by the Editorial Review Panel. Contributors are advised that this amount is payable within the stipulated period as notified upon selection, failing which the contribution shall be deemed withdrawn. Publication in the edited volume and courier of one complimentary copy of the published book to the contributor's registered address is included.

⚖️

Note to Contributors — Publication Fee on Selection It is hereby informed that upon successful selection of a manuscript by the Editorial Review Panel, contributors shall be liable to pay the balance Publication Fee of ₹ 700/- (Rupees Seven Hundred Only) within the period specified in the acceptance communication. The said fee is inclusive of editorial processing, typesetting, printing, and courier of one complimentary copy of the published volume to the contributor's registered address. Non-payment within the prescribed period shall render the acceptance liable to be withdrawn, and the contribution shall stand excluded from the volume without further notice.

⚠️

Important Reminder — Plagiarism & AI Report: All manuscripts must be submitted along with a plagiarism report showing ≤ 10% similarity (Turnitin / iThenticate or equivalent) AND a separate AI-generated content report (GPTZero, Copyleaks or equivalent). Submissions without these reports will not be considered for review.

Medical Negligence in India