Standard of Care in Medical Negligence: Bolam Test vs. Indian Judicial Approach

Abstract

The concept of “standard of care” constitutes the normative foundation of medical negligence law, determining the threshold at which professional conduct becomes legally actionable. Rooted in the traditional Bolam principle of English common law, the standard historically privileged professional opinion over judicial scrutiny. However, Indian courts have progressively reoriented this doctrine by incorporating constitutional values, patient autonomy, and consumer protection frameworks. This article critically examines the evolution of the Bolam Test and juxtaposes it with the Indian judicial approach, highlighting doctrinal shifts, landmark rulings, regulatory interventions, and emerging medico-legal trends up to October 2025. It argues that India has developed a hybrid, rights-oriented standard that departs significantly from classical professional deference.