Clinical errors outpaced by ‘Paperwork Errors’: 18th Annual MedLegal Review 2026

The Institute of Medicine & Law hosted the 18th Annual MedLegal Review 2026 in collaboration with the D Y Patil (University) School of Law. The event featured Justice M L Tahiliyani, retired judge of the Bombay High Court, as the chief guest.

The Annual MedLegal Review is a yearly knowledge-sharing initiative that tracks India’s MedLegal (medico-legal) trends, guiding the healthcare providers on navigating evolving legal obligations.

The key-findings from 2025 highlight that the procedural lapses and administrative failures far surpassed clinical errors. The courts granted higher compensation, and there is a sharp rise in criminal proceedings against Doctors and Hospital Administrators. Digital scrutiny by the courts has also gained pace, with more reliance on digital evidence produced by the patients during proceedings.

Furthermore, the review also highlighted two landmark judgments from the Kerala High Court – one protecting nurses in cases of criminal negligence, and another recommending that the ‘expert panels’ hear the doctors’ perspectives before submitting their opinions to the court.

As per the data available on the “e-Jagriti” website of the Ministry of Consumer Affairs, over 65,000 cases have been filed against doctors and hospitals in consumer courts till date. Alarmingly, healthcare has jumped to sixth place in litigation among service providers, trailing only insurance, banking, finance, and a few other sectors.

Looking ahead to 2026, the review forecasts that the new Digital Personal Data Protection (DPDP) Act will be a key concern for the healthcare providers. The liability of the medical community is expected to be compounded by a mix of traditional negligence claims, complex privacy issues, and the emergence of mobile footage as valuable evidence. Cases will increase in number and complexity with a surge in insurance frauds and criminal complaints specifically targeting Hospital Directors and Administrators.