• Subhash Pathak Assistant Professor, Department of Law, Thakur Ramnarayan College of Law, Mumbai, India


Mal-practice, Injustice, Evidence, Morality, Negligence


Failure in context of medicinal pursuance can either make a life or take a life. With booming professional misconduct, it is jeopardizing the god-like status given to medical professionals and heading towards a massive annihilation of morality and ethics, and pure disregard to the medical oath. To uphold the integrity of the profession it is essential of stay true to the profession. In the midst of growing cases of medical negligence, people’s cry for justice is getting louder. It is crucial to understand that medical law is a very sensitive spec in the array of law since it involves the subject of a life. In cases involving negligence medical records prove to be substantial evidence in deciding the acquittal or conviction of the medical practitioner. It is unnerving that despite knowing the proper documentation importance, the maintenance is still incipient. The doctor role is of paramount importance in every aspect and not just plans for treatment, operative records, or forms for consent but also medical history, physical examination, discharge records, referral papers, certificates of medical, and insurance. Medical record keeping is a much bigger talking point, which is still evolving; especially in India. This paper delves into the complexities of understanding a medical professional’s role in the industry along with maintaining medical records and the responsibilities it follows, especially engaging in the criminal aspect of legal responsibility and unfolding the definitive perception of mal-practice. It is wise to recollect that, “poor record means poor defense, and no record means no defense.”


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Additional Files



How to Cite

Subhash Pathak. (2023). ILLNESS TO JUSTICE: CRIMINAL NEGLIGENCE AND MEDICAL MAL-PRACTICE . International Education and Research Journal (IERJ), 9(11). Retrieved from